Senate could pass COVID-19 vaccine indemnity fund bill Wednesday -Zubiri

The measure seeking to expedite the purchase and administration of COVID-19 vaccines and establish a P500-million indemnity fund may consecutively be approved by the Senate on second and third reading this afternoon, Senate Majority Leader Juan Miguel Zubiri said Wednesday.

This, if a certification of urgency from Malacañang is issued within the day, he said.

Interviewed during the Laging Handa public hearing, Zubiri said the Senate was supposed to approve Senate Bill 2057 on second reading on Tuesday, but it was postponed due to the absence of resource persons who could help answer questions from other senators regarding the measure.

"So we scheduled it first hour this afternoon. Matatapos namin ito mamayang hapon, we commit that," he said.

"Kung ma-certify siya as urgent ng Malacañang, pwede nating ma-second and third reading kaagad ngayong hapon," he added.

Cabinet officials have reportedly asked President Rodrigo Duterte to certify the measure as urgent.

Once the Senate approves its version of the measure, a bicameral conference committee meeting may be set for the weekend to reconcile potential differences with the counterpart bill of the House of Representatives, Zubiri said.

"Hopefully we can ratify this by Monday next week. Ibibigay namin ito sa Malacañang for the signature of the President. Hopefully before the end of the month maging batas na ito kung pirmahan kaagad ni Presidente," he added.

Senate Bill 2057 seeks to authorize the Department of Health (DOH) and the National Task Force Against COVID-19 (NTF) to undertake negotiated procurement of COVID-19 vaccines and the ancillary supplies and services for their storage, transport, and distribution.

It also allows local government units to purchase COVID-19 vaccines and ancillary supplies and services in cooperation with the DOH and NTF through multiparty agreements.

The LGUs will be allowed to make advance payments but they can only purchase vaccines and supplies for up to 50% of their target population. The 50% cap may be adjusted by the IATF depending on the supply.

At the same time, private entities, in cooperation with the DOH and NTF, will also be allowed to purchase vaccines for their own use through a multiparty agreement.

Purchases of COVID-19 vaccines and the necessary supplies for their storage, transport, and distribution will be exempted from customs duties, value-added tax (VAT), excise tax, donor’s tax, and other fees and charges.

Indemnity fund

A P500-million COVID-19 National Indemnity Fund will also be established under the measure and will only be used to compensate any inoculated person who will experience severe adverse effect or worse death.

"Kung kailangan pa ng gobyerno ng pondo, pwede nilang kunin sa contingency fund ng General Appropriations Act which is about P13 billion worth," Zubiri said.

Immunity from liability

Zubiri also added that the measure contains a provision which exempts persons involved in the carrying out of the COVID-19 vaccination program from suit and liability should there be claims arising from the administration of the vaccines.

These persons include public officials, their employees, contractors, and volunteers who are duly authorized to carry out the vaccine program.

Zubiri explained that such provision stemmed from the fact that some of the COVID-19 vaccines to be used in the government's COVID-19 vaccination program only have an emergency use authorization (EAU) for now.

"Sa mga bakuna may tinatawag kasing Stage 4 na matagal yun, ilang taon ang testing niyan, at kailangan malaman na ligtas talaga ang mga kukuha ng bakunang ito," he said.

"But under this emergency pandemic situation, the World Health Organization agreed na maging EUA. Kaya nilagay na namin ang Section 9, immunity from liability," he added.

Apart from the "immunity from liability" clause, the measure also contains provision for the creation of a Vaccine Passport Program.

It also authorizes the Health Technology Assessment Council to make recommendations to the DOH and PhilHealth about COVID-19 vaccines based on preliminary Phase III clinical trials, but only when the relevant vaccine manufacturer has been issued an EUA by the Food and Drug Administration. -MDM, GMA News