Roque denies Duterte misread vaccine law in calling for private firms' liability due to negligence

President Rodrigo Duterte did not misread the COVID-19 Vaccination Law when he stressed that the national government cannot pay for damages resulting from willful neglect and gross negligence of private firms which purchased the COVID-19 vaccine, presidential spokesperson Harry Roque said on Tuesday. 

Roque was clarifying the President’s statement wherein the Chief Executive questioned why would the Philippine government pay for damages in the event that private firms mishandle the COVID-19 vaccines that they bought under a tripartite deal with the national government. 

“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 puwede,” Duterte told vaccine czar Secretary Carlito Galvez Jr. said in his weekly Cabinet briefing on Monday.

“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 puwede 'yung ganu'n. Malaking butas diyan actually, assumption of liability ng ganu'n,” he added.

The President, however, missed the fact that the COVID-19 Vaccination Law already provides that private firms, alongside public officials and employees, contractors, manufacturers, volunteers and representatives of duly authorized private entities, will be immune from suit and liability under Philippine laws with respect to all claims arising out of, related to, or resulting from the administration or use of a COVID-19 vaccine under the COVID-19 vaccination program "except [those] arising [from] willful misconduct and gross negligence."

“Nakasaad po sa batas natin na bagamat gobyerno ang magbabayad sa [severe] side effects, may exceptions po rito — kung nagkaroon ng willful neglect or gross negligence,” Roque said during the Palace briefing. 

(It is stated in the law that the government cannot pay for indemnity because of willful or gross negligence). 

“I hope we have already taken the President’s remarks in proper context,” he added.

The COVID-19 Vaccination law, Roque said, also provides that private firms need to enter into a tripartite agreement with the national government and vaccine makers to be able to buy COVID-19 vaccines because these vaccines are just under emergency use authorization. 

“These vaccines are yet to be issued certificate of product registration, that is why it should be done in a tripartite agreement,” Roque added.

Despite what Duterte said, Roque maintained that the Chief Executive does not need to be reminded of the COVID-19 Vaccination law provisions. 

“Hindi po, alam niya ‘yun. 'Di siya papayag na walang pananagutan ang pribadong sektor dahil sa gross negligence o willful neglect,” Roque added.

(No, he knows the law. He won’t allow private firms to get away with it due to gross negligence o willful neglect.) —KG, GMA News