Panelo contradicts DOJ, says Duterte order to arrest those refusing to get vaccinated legal

Presidential Legal Counsel Salvador Panelo insisted on Wednesday that President Rodrigo Duterte’s order to arrest those who refuse to get a vaccine against COVID-19 is legal, contradicting the position of the Justice department.

Panelo issued the statement a day after Justice Secretary Menardo Guevarra said that the President, who is also a lawyer, is aware that getting a vaccine is a legal choice, given that there is also a need for an informed consent before the vaccine can be legally administered on an individual. 

Panelo cited Article 2, Sections 5 and 15 of the Constitution which states that “the maintenance of peace and order, the protection of life, and the promotion of the general welfare, among others, are essential to democracy” and that the State should “protect and promote the right to health of the people and instill health consciousness among them."

“We are in a state of national emergency due to the deathly pandemic. Drastic times demand for drastic measures. The Constitution has given sufficient authority to the government to manage the crisis as it work vigorously towards achieving herd immunity,” Panelo said in a statement.

“The order of the President is not without any constitutional basis. Constitutional provisions on public health, by themselves, are operative and need no subsequent legislation for their enforcement,” Panelo added.

He then invoked the Supreme Court ruling on the 2014 case of Imbong v. Ochoa questioning the legality of the Reproductive Health law wherein the High Court ruled that the provisions of the Constitution relating to the promotion of health are self-executory and do not require any enabling law.

“Individual choice or liberties are to be respected but the security of the nation is paramount. Hence, its survival must be fiercely protected,” Panelo added.

Panelo’s stance also went against that of presidential spokesperson Harry Roque Jr. who also said that a law is needed to punish those who will refuse to get a COVID-19 vaccine.

The President, in a public address on late Monday night, said he will arrest those who refuse to get a vaccine against COVID-19 and inject the vaccine on their butt. -MDM, GMA News