More lawmakers slam ‘draft order’ barring private firms from buying COVID-19 vaccines

More lawmakers from the Senate and the House of Representatives on Sunday slammed a supposed draft administrative order prohibiting private companies, especially those selling "sin products," from importing COVID-19 vaccines for their employees.

In a statement, Senate Minority Leader Franklin Drilon expressed alarm over the supposed draft order, saying that barring companies from procuring vaccines for their employees is patently "illegal and unauthorized."

The document in question outlines selected parts of the draft implementing rules and regulations (IRR) for the COVID-19 Vaccination Program Act.

“I am deeply disturbed by this report. If indeed such a draft administrative order exists, that is a clear violation of the COVID-19 Vaccination [Program] Act of 2021," Drilon said.

"Such a policy is discriminatory and morally unacceptable. The DOH does not have the authority to do that.”

According to the supposed draft order, the Department of Health and the National Task Force Against COVID-19 (NTF) will review all requests of private entities to procure vaccines “to ensure that private entities who will be part of the agreement are not in any way related to the tobacco industry, products covered under EO 51 series of 1986 or the 'National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplement and Other Related Products' or other products in conflict with public health.”

This means that the said document was referring to manufacturers of tobacco, milk, sugar, soft drinks, and liquor, as well as multinational companies.

Drilon said it was unlawful for the DOH and the NTF to do that, pointing out that the COVID-19 Vaccination Program Act of 2021 allows private entities to procure vaccines in coordination with the DOH.

He added that the supposed order is discriminatory and would go beyond the law, thus constituting actionable wrong.

“Who is playing God here once more?” Drilon asked. “Please stop playing God. This is not the time for politics and selfish agenda. It is our moral responsibility to share the vaccine.”

Drilon warned Health Secretary Francisco Duque III that he would call for a Senate investigation if the DOH would insist on the supposed banning of private entities to procure COVID-19 vaccines.

Legislating by IRR

For his part, Senate President Pro Tempore Ralph Recto said the DOH and the NTF were "legislating by IRR (implementing rules and regulations)" by supposedly prohibiting some private companies from purchasing COVID-19 vaccines.

"This is legislation by IRR, a bad habit by bureaucrats who imagine themselves as the third chamber of Congress," he said. "No such provision exists in the COVID-19 Vaccination Program Act of 2021."

Recto found two questionable phrases in the draft order, the first being that any private entity should not be in “any way related” to the tobacco industry and the baby formula business.

"So this can be read that a pharmaceutical company that plans to procure vaccines, half of which it shall donate to the government, cannot do so simply because it has breastmilk substitutes in its product catalog," he said.

Recto was also troubled by the phrase which states that companies dealing with "other products in conflict with public health" were covered by the ban.

Following this phrase alone, he pointed out that the San Miguel Corporation, which had been donating billions of pesos to the pandemic fight, could be disqualified from buying vaccines, along with Emperador Distillers Inc., and the Gokongwei Group of Companies which are involved in the sugared drink industry.

"What is wrong with these people in the DOH and NTF that they will not allow private wealth to be used for public welfare?" Recto said.

"If these merchants of sin would like to plow back their profits in the form of vaccines, half for their workers and half for the people, why would a fumbling government illegalize such an offer of help?" he asked.

Solons react

Meanwhile, Bagong Henerasyon party-list Representative Bernadette Herrera-Dy said the supposed draft order would be unfair to companies who only want to protect their employees from COVID-19.

“The implementation of COVID-19 vaccination program must be free from discrimination,” she said.

“It should be open to all, especially since our common goal is to inoculate as much Filipinos as possible to protect them from COVID-19 so we can all return to normal the soonest,” she added.

Anakalusugan party-list Representative Mike Defensor, on the other hand, said the DOH and the NTF are virtually "usurping" the power of Congress with the supposed draft order.

“Congress never meant to discriminate against any industry when we passed the law establishing the COVID-19 vaccination program, precisely because we recognize that government needs the help of the entire private corporate sector in quickly immunizing as many Filipinos as possible,” he said.

“The DOH should not stand in the way of any private corporation that wishes to procure its own supply of vaccines so that it can protect its workers,” he added.

The DOH, in response, said the contents of the IRR for the COVID-19 vaccination law are still being deliberated, and the provisions in the draft order are "not final."

"The DOH emphasizes that the national government commits to provide all Filipinos equitable access to COVID-19 vaccines following the prioritization criteria and list approved by the Inter-Agency Task on Emerging Infectious Diseases," it said in a statement.

"Any provisions that may be perceived to discriminate against any sector of the population from accessing COVID-19 vaccines is not considered in any policy, guideline, protocol that shall be issued by this government," it added. — DVM, GMA News