Safety issues raised in vaccination of PSG men; no liability in voluntary inoculation, DOJ says

Concerns over the use of still unregistered COVID-19 vaccine to inoculate members of the Presidential Security Group (PSG) continue to hound the country as it battles the dreaded virus.

Former health secretary and Iloilo First District Rep. Janette Garin. (Tara Yap/Manila Bulletin) — Former health secretary and Iloilo First District Rep. Janette Garin.
(Tara Yap/Manila Bulletin)

Iloilo 1st district Rep. Janette Loreto-Garin, a former Department of Health (DOH) secretary, has questioned the safety of the Chinese-manufactured Sinopharm vaccine administered to PSG members.

“The PSG (members) are also Filipinos. It is not right that in their desire to protect our President, you put their lives in danger,” Garin emphasized.

“If the desire is to protect the life of the President, then the one that should be vaccinated is the President,” Garin added.

On Sunday, Vice President Leni Robredo expressed support to any move to investigate the unauthorized vaccination of some Cabinet and PSG members to prevent sending a “wrong message” to the public about breaking the law.

In her weekly radio show, Robredo lamented the government officials themselves were those behind the inoculation of the unregistered vaccines.

“It should be investigated because that will send a message we can’t allow. If we let this pass, it’s like we are encouraging people to do wrong because nothing will happen, there won’t be sanctions,” she said in Filipino.

For Garin, it was highly alarming and unethical that the Chinese-manufactured vaccine was administered to PSG members.

“If it is smuggled, it is questionable – whether indeed the vaccine is real or fake one. Even if it’s real, you cannot just smuggle it because vaccines need special storage and handling procedures,” Garin said.

She reiterated that the vaccine still has to undergo validation from the Food and Drug Administration (FDA), a DOH agency.

“That’s why, vaccines should be coursed through to the ones who knows about the vaccine handling,” Garin pointed out.

Unlike medicines, vaccines can be easily traced as vaccine manufacturers are mandated to track which country it goes to.

No criminal liability

Justice Secretary Menardo Guevarra on Monday said those who voluntarily received shots of the vaccines against the COVID-19 will not be held criminally liable.

Guevarra made the assurance after having issued the order for the National Bureau of Investigation (NBI) to investigate the unauthorized acquisition and use of COVID-19 vaccines.

“Under our existing laws, a person who freely and voluntarily gets himself inoculated with an unregistered or unauthorized drug or vaccine does not incur any criminal liability, unless he himself has caused its unlawful procurement or promotes its use by other people,” Guevarra said.

“Although vaccination is a matter of personal survival, it is important that laws on vaccine approval and administration be strictly observed for the benefit of everyone,” he pointed out.

He cited Sec. 11 of the Food and Drugs Authority (FDA) Law which “prohibits the manufacture, importation, sale, offering for sale, distribution, transfer, promotion, etc. of any health product that is unregistered with the FDA, and Sec. 12 thereof imposes the penalty of fine and/or imprisonment.”

“On the other hand, persons who knowingly or willfully administer an unregistered vaccine may be held liable under the Medical Practice Act of 1959,” he added.

Guevarra released on Monday, Jan. 4, Department Order No. 314 which instructed the NBI “to conduct an investigation on the reported importation, sale, offering for sale, distribution, administration, and inoculation of COVID-19 vaccines that are not authorized by or registered with the Food and Drug Administration of the Philippines, and, if evidence warrants, to file the appropriate charges against all persons involved and found responsible for any unlawful act in connection therewith.”

In the same order, he also directed NBI Officer-In-Charge Director Eric Distor “to submit reports on the progress of the subject investigation directly to the Office of the Secretary within ten days and periodically thereafter.”

PSG commander Brig. Gen. Jesus Durante III had earlier admitted that the PSG was able to get COVID-19 vaccines and have its personnel vaccinated to better protect President Duterte from getting infected with COVID-19.

Guevarra had previously issued a statement assuring that the NBI investigation was not prompted by reports about the PSG’s use of the COVID-19 vaccine.

PSG ready for consequences Meanwhile, Presidential spokesman Harry Roque said the PSG is prepared to face the consequences, including death, over the controversial vaccination of its members.

Roque said the PSG troopers took the risk of getting the vaccine shot to ensure the President's protection and would accept any penalty for their action.

Even as some groups chided the President's close-in security for allegedly skirting the country's laws over the unauthorized vaccine use, Roque insisted that the Chief Executive is grateful for the action of the PSG.

“The PSG made the decision that during the pandemic, one of the biggest threats to the President's health is if he gets infected by the people surrounding him and that is the PSG so they decided to get vaccinated despite the lack of authorization,” Roque said during an online press briefing.

“In other words, because they are ready to die for the President, they agreed to get vaccinated because they don't want the President infected with the disease,” he said.

Roque also said the PSG is prepared to face any investigation over the vaccination, insisting they were “not hiding anything.”

He maintained that the PSG's main mission is to protect the President and the immediate family. (With a report from Genalyn Kabiling)

Tara Yap, Raymund F. Antonio, & Jefffrey G. Damicog

Vaccine dispute rages