Guevarra on Panelo’s remark: Criminal offenses are defined by Congress

Criminal acts are defined by lawmakers, Justice Secretary Menardo Guevarra said Thursday after a fellow Cabinet member insisted that constitutional provisions are enough basis to arrest people who don’t want to get vaccinated against COVID-19.

Chief Presidential Legal Counsel Salvador Panelo argued on Wednesday that President Rodrigo Duterte’s threat to send anyone who refuses to get inoculated to jail has a basis, citing the 1987 Constitution’s provisions on the promotion of general welfare and right to health.

Panelo’s position contradicted Guevarra’s as the justice secretary said there is no law on mandatory vaccination, let alone criminalizing the act of refusing to get the vaccine.

Presidential spokesperson Harry Roque, meanwhile, said a law is needed

“The Constitution lays down, among others, basic principles and general policies of the State. Specific criminal offenses arising from willful transgressions of this fundamental law are defined, and corresponding penalties imposed, by the legislature,” Guevarra said.

Integrated Bar of the Philippines (IBP) president Domingo Cayosa said Panelo’s statement only “adds to the confusion of our countrymen.”

"The confusion, the contradictions, the back and forth, makes it more difficult to compel obedience and that's why it's very important for anyone in leadership to get their acts together," Cayosa said in an interview with ANC.

“Perhaps Secretary Panelo is speaking from a point of view of the power of the State but even the police power must be based on law. You cannot just lift a general provision of the Constitution and make it applicable to a particular case.”

The IBP chief added Panelo’s job was to advise the President in private.

“I don’t think it is wise after the spokesperson of Malacañang himself has already corrected or clarified that anyone else in the government would still speak about it publicly because essential in leadership and management is unity of command,” Cayosa said.

“There should only be one position on major and important decisions.”—AOL, GMA News