GABRIELA party-list Rep. Arlene Brosas yesterday pushed for an investigation into the Department of Transportation’s “no vaccination, no rid”’ policy, now on a pilot run in the National Capital Region (NCR), calling it discriminating and anti-poor.
In filing House Resolution No. 2451, Brosas said the agency’s order “is devoid of any legal basis or scientific explanation for the blatant discrimination of commuters which have negatively affected their job and livelihood.”
“The government must steer away from its anti-poor and anti-people policy-making schemes and adopt a rights-based approach in handling the COVID-19 surge through efficient surveillance system, free mass testing, contact tracing, isolation, and treatment,” Brosas said.
She added that the Universal Declaration of Human Rights states that “all human beings are born free and equal in dignity and rights” and that everyone is “endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
“The rights stated in the UDHR belong to everyone, no matter who we are, where we’re from, or whatever we believe in. This means that regardless of our COVID-19 vaccination status, the law is the same for everyone and therefore they must be treated equally,” she said.
The DOTr has restricted unvaccinated individuals from riding land, sea, rail and air public transports in the NCR in support of the restrictions imposed by Metro Manila mayors on the movements of persons who have not been inoculated against the coronavirus disease (COVID-19) while the capital region is under Alert Level 3.
The public transportation ban is in effect while the NCR is under Alert Level 3 and when the alert level is upgraded to level 4 or 5.
Labor Secretary Silvestre Bello III on Tuesday said employees reporting for work are exempted from the policy in Metro Manila because they are rendering essential service.
Sen. Panfilo Lacson hit the government for its late clarification as to who are exempted from the policy.
“Why clarify only now? Why wait for hundreds of commuters to suffer first? Since the start of the pandemic in our country in early 2020, our government’s action has always been reactive and late. Even the tapping of the business sector and the LGUs in the vaccination drive not only came late, their voluntary participation, offering their own resources was even discouraged by government overregulation. Ano ba meron? (What is happening?),” Lacson said.
He said affected individuals may seek legal action against the government, like filing a class suit, but warned that it may take too long before a decision will be reached.
Senate President Vicente Sotto III said the policy obviously “did not go through contemplation.”
Cebu Gov. Gwen Garcia rejected the policy, calling it “anti-poor,” and vowed not to implement it in Cebu province.
Garcia cited a provision in Republic Act 11525 or the COVID-19 Vaccination Program Act of 2021, which says vaccination cards should not be considered as an additional mandatory requirement for education, employment and other similar government transaction purposes.
“I think the law is very clear,” said Garcia, adding unvaccinated individuals should not be discriminated against availing services of public transportation vehicles and even access to establishments.
“That is anti-poor. How can you require everyone to have this vaccination presented for them to avail of public transport? If you opt to get vaccinated, that’s your choice. But if you choose not to be vaccinated, you should not be ostracized. Why? Let me just repeat this, it’s in the law itself,” Garcia said.
“So please let us follow the law. We seem to have forgotten this, we still are a nation of laws, not of men. Right? So, in the province of Cebu, we will not discriminate and that is how we will proceed,” she added.
Meanwhile, the PNP said it would follow the announcement of the DOLE that workers are exempted from the policy.
During the Laging Handa press briefing, PNP spokesman Col. Roderick Alba said: “The DOTr did not say they are not allowed to ride if they are on essential mission, like for example they are employed or working. What we are requiring is the proof that they are working.”
“What we are concerned about are the unvaccinated riding (public transportation vehicles), they are prone to transmission of the virus. That’s why we support the effort of the DOTr as of this date,” added Alba.
Policemen have been conducting random inspection of vehicles to check if there are unvaccinated individuals inside.
Unvaccinated individuals caught inside public transport vehicles are asked to present documents like identification cards proving they are employed. If they fail to do so, they are requested to go home.
PAO CHIEF
Senate minority leader Franklin Drilon yesterday said Malacañang and the Department of Justice should bar Public Attorney’s Office chief Persida Acosta from reporting for work following her admission that she remains unvaccinated up to this day.
Drilon said Acosta’s refusal to get vaccinated undermines the government’s COVID-19 vaccination program.
“Acosta is putting the life, health and safety of her co-workers in danger and that should be dealt with accordingly and decisively,” Drilon said in a statement.
He said allowing Acosta to report for work would imply that the government has different standards for different people.
“If the government is serious about its ‘no vax, stay at home, no vax, no ride policy,’ it should apply it to all. Otherwise, it will not work…The government should take the same hardline stance against their own officials. Set an example with Acosta,” he added.
He said this is also consistent with the President’s pronouncement that he will restrict the movement of unvaccinated individuals “for common good.”
Drilon, a former justice secretary, added it is well within the power of the State to restrict the movement of unvaccinated people.
He said even Justice Secretary Menardo Guevarra, in an interview, has said that while there is no law making COVID-19 vaccines mandatory, the PAO chief has to obey government regulations restricting the movement of unvaccinated persons in the interest of public safety.
Last Monday, Acosta confessed she has not yet been inoculated against COVID-19 as she warned that she will take action against local laws that restrict movement and punish unvaccinated individuals.
She said the reason for her being unvaccinated was because she was having second thoughts on the available vaccines, adding that “I am waiting for a protein-based COVID vaccine.”
Acosta said her brothers and daughters have all been vaccinated and even the PAO has a 91 percent vaccination rate.
“Swashbuckling at the very least!” Drilon said. — With Raymond Africa and Victor Reyes
