Tobacco firms and other private companies could buy coronavirus vaccines subject to a tripartite deal with the government and the vaccine supplier, Malacañang said Monday, March 22.

According to Presidential spokesman Harry Roque,  the implementing rules and regulations for Republic Act No.11525 or the COVID-19 Vaccination Program Act have been amended to allow the procurement of vaccines by all private entities.

The law, signed by President Duterte last month, allows the private sector to procure vaccines only with the involvement of the government. The same law provides for government indemnification for bad side effects of vaccination.

"Puwede na pong bumili ng bakuna ang lahat ng pribadong kumpanya kasama ang mga cigarette companies ayon sa amended implementing rules and regulations ng RA 11525 or the COVID Vaccination Law subject pa rin sa  tripartite agreement (All private companies, including cigarette companies, can buy vaccines  based on the amended implementing rules and regulations of Republic Act 11525 or the COVID Vaccination Law subject to a tripartite agreement)," Roque said during a virtual press briefing Monday.

Roque explained that government involvement was still needed in private sector's vaccine purchase since there were still no vaccines approved for commercial use.  

At present, coronavirus vaccines, developed by certain companies abroad, have so far obtained approval only for emergency use in the country during the pandemic.

"Hindi puwedeng mawala ang triparte agreement kasi bagamat puwede nang bumili ang lahat ng companies ng bakuna para sa kanilang empleyado, wala pa po tayong commercially available na mga bakuna (The tripartite agreement cannot be removed because although all companies can buy vaccines for their employees, we still have no commercially approved vaccines)," Roque said.

"Lahat ng mga bakuna sa ngayon ay sakop lamang ng emergency use authorization kaya kinakailangan pa rin pumasok ang gobyerno sa pagbili ng bakuna na ito  sa pamamagitan ng tripartite agreement (All vaccines so far are only covered by emergency use authorization so the government must be involved in the vaccine purchase through tripartite agreement)," he said.

Senator Imee Marcos earlier bared a supposed government attempt to block some companies, including those manufacturing tobacco, milk, sugar, soda and alcohol, from buying vaccines for their employees. 

She expressed concern that such exclusion of huge companies could harm the immunization program amid the rising cases of COVID-19 cases. A draft administrative order on the matter was reportedly seen by the senator. 

Last January, the country secured 17 million doses of vaccines developed by AstraZeneca to boost the immunization program. It was made possible through the efforts of the national government, 300 private companies and over 30 local government units.

In November 2020, several private firms also bought 2.6 million vaccines under a tripartite deal with the government and AstraZeneca. Half of the purchased vaccines would reportedly be donated to the government.

Roque admitted that under the tripartite arrangement, the private sector would donate half of the purchased vaccines to the government.  

But the Palace official pointed out that there was no provision on the mandatory donation of the vaccines in the COVID-19 Vaccination Program law.

"Sa tingin ko kung ang gagamiting dokumento ay tripartite agreement, mayroon pa rin donasyon sa gobyerno (I think if we will use the tripartite agreement, there is still a donation to the government)," he said.

"But I could be wrong kasi puwedeng na ma-amendyahan ang tripartite agreement 'yung model form as a result of the passage of the law. Abangan na lang natin (But I could be wrong because the model form of the tripartite agreement could be amended as a result of the passage of the law. Let's wait and see)," he said.

Roque later said vaccine czar Carlito Galvez Jr. would be the best person to clarify if the private sector must still donate half of its purchase to the government.