Duterte seems to reject gov't indemnity for COVID-19 vaccine side effects

President Rodrigo Duterte on Monday said the government must not be made to assume liability for the side effects from private-sector procured vaccines, a provision in Republic Act 11525 or COVID-19 Vaccination Program Act of 2021 which he signed last month.

“The government cannot guarantee, much less give you an immune status that you are freed of any and all liability . . . I think we cannot even do that, even if we wanted to, ‘yung assumption ng liability for these stocks  that are brought . . .for the private sector, sabihin mo sa kanila hindi pwede,” he told vaccine czar Secretary Carlito Galvez Jr. said in his weekly Cabinet briefing.

“In the first place, hindi atin yan, ngayon kung nagka-leche-leche ‘yan, mishandling, or for whatever reason it is not effective as advertised, then they will go after, against whom? Ang gusto ng manufacturers ang private sector ang magbili, ang gobyerno ang mag-assume ng liability, hindi ho pwede yung ganun. Malaking butas dyan actually, assumption of liability ng ganun,” he added.

Galvez explained that all current vaccine purchases are done through a tripartite agreement among the national government, private sector and the manufacturer.

“Because of the pandemic, there’s no commercialization of the vaccine, it’s through the emergency use authorization, meaning any adverse effects ay talagang gobyerno ang mananagot,” he said.

Galvez continued: “Yung responsibility yun hindi natin mai-delegate sa private sector o sa LGU (local government unit), talagang sa national government, ang pinanghahawakan ng manufacturer na talagang yung kanilang product, in case magkaroon ng adverse effect, because it’s still in clinical trial, they will be immune of any liability or suit.”

Duterte insisted such an arrangement where government would shoulder the indemnity for all vaccine purchases would be “illegal.”

“It’s illegal for us to do that, only Congress can do that.  When you assume a liability or you incur something which is beyond your control, in the first place sila yan, sila ang mag-transport, eh kung masira yan, mishandling whatever, there’s a host of reason there. As a lawyer I think it’s not possible, sabihin mo sorry,” he said.

A total of the P500 million has been set aside “to augment the funds of the Philippine Health Insurance Corporation” as indemnity fund for the vaccine side effects.  The amount will be sourced from the national budget’s contingent fund.

The amount will be used to compensate any individual inoculated through the program “in case of death, permanent disability or hospital confinement.”

Under Section 8, it was stated that “public officials and employees, contractors, manufacturers, volunteers and representatives of duly authorized private entities who are duly authorized to carry out and are actually carrying out the COVID-19 Vaccination program shall be immune from suit and liability under Philippine laws . . .except arising from wilfull misconduct and gross negligence.”—LDF, GMA News