Senators: No arrest can be made without law for mandatory COVID-19 vaccination

Senators on Tuesday said law enforcers cannot arrest individuals who refuse to get vaccinated against COVID-19 as there are no existing laws that make the inoculation mandatory.

Senate President Vicente Sotto III and Senator Joel Villanueva made these remarks after President Rodrigo Duterte on Monday evening said individuals who don't want to get COVID-19 vaccines may face arrest.

“If one refuses inoculation, what law did he/she violate?” Sotto said in a tweet.

If one refuses inoculation, what law did he/she violate?

— Tito Sotto (@sotto_tito) June 22, 2021

Villanueva issued a similar statement, emphasizing that educating the public about the COVID-19 vaccines is the key to encourage them to get vaccinated.

“Sa totoo lang po, wala po tayong maisip kung anong violation ang pwedeng ipataw sa mga ayaw magpabakuna. Edukasyon pa rin po sa pagpapabakuna ang susi,” he said.

(To be honest, I cannot remember any violation that the government can file against those who don’t want to be inoculated. Education is still the key to an efficient vaccination program.)

Villanueva said the government must talk about penalties once there is already a “surplus of vaccines.”

“Until now, marami pa rin po ang gusto magpabakuna na hindi mabakunahan. Kung marami na po tayong bakuna, may surplus na, pwede po natin siguro gayahin 'yung mga LGUs na nagrereward ng prizes, instead of punishment,” he said.

(Until now, a lot of people wanted to get vaccinated against COVID-19. If we already have a surplus of vaccines, then we can copy the strategies of the LGUs where they give rewards or prizes instead of punishments.)

In a separate text message, Sotto said the government “cannot order the arrest of those who refuse vaccination, with or without the supply [of COVID-19 vaccines].”

The Senate chief added that the government may explore other ways to persuade individuals to get COVID-19 vaccines.

“There are many ways of convincing our people to undergo vaccination without resorting to unlawful actions. Is that again a suggestion from so called health experts?” Sotto told GMA News Online.

Villanueva likewise said that the national government could come up with better programs to boost the vaccine rollout.

“If cash-strapped local governments have found creative ways to market the vaccines, then the national government with far more resources can do more,” he said.

On the other hand, Senator Panfilo Lacson said Duterte’s statement “does not merit a comment” as this violates the bill of rights.

“We know it cannot happen because it is against the law and the bill of rights,” he said.

Earlier today, Senator Nancy Binay said the government must address the problem regarding the supply of COVID-19 vaccines first before arresting Filipinos who do not want to get inoculated.

Senator Francis Pangilinan, on the other hand, said intimidation will not solve vaccine hesitancy among Filipinos.

Malacañang on Tuesday said a law must be passed before law enforcers can arrest individuals who refuse to get COVID-19 vaccines.

Roque also said that the State has inherent police power to implement policies which could violate human rights in the name of safeguarding public health.

Meanwhile, Justice Secretary Menardo Guevarra played down Duterte’s statement, saying the President “merely used strong words to drive home the need for us to get vaccinated and reach herd immunity as soon as possible.”

Guevarra added that “there is no law yet that compels vaccination against COVID-19, much less criminalizes it, as presently available vaccines are still in their trial phases.”—AOL, GMA News