A CRIMINAL complaint has been lodged with the Office of the Ombudsman alleging that Resolution No. 148-B issued by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) on November 11, 2021 is a coercive issuance against the right of the public to voluntary consent to vaccination.
Complainants Nenit Caminoy, Mary Ann Doce, Norma Marquez, Marylin Reynoso, and Vivien Viernes said they are private citizens and residents of General Santos City.
Named respondents were Health Secretary Francisco Duque III as IATF chairperson, Cabinet Secretary Karlo Alexei Nograles as task force co-chairperson, and lawyer Charade Mercado-Grande as head of the Secretariat.
The complainants specifically objected to Annex A of Resolution 148-B which states that establishments and government offices in areas with sufficient vaccines “shall require employees” to be vaccinated against the coronavirus disease (COVID-19).
The same resolution made it mandatory for those who opted not to get vaccinated to undergo regular RT-PCR or antigen tests to be paid out of their own pockets.
Since RT-PCR tests are expensive, the complainants pointed out that no ordinary unvaccinated employee can possibly afford to keep their job while complying with the IATF requirement.
“The requirement of RT-PCR or Antigen tests are coercive elements or overreaching scheme and overt acts of ulterior form of coercion to force the undersigned,” they pointed out. The group invoked Section 12 of RA 11525 or the COVID-19 Vaccination Program Act of 2021 which provides that vaccine cards “shall not be considered as an additional mandatory requirement for educational, employment and other similar transactions.”
By issuing Resolution No. 148-B, the complainants said the IATF officials are “forcing, coercing, and threatening” them since the policy ultimately leaves them little choice but to resign from their jobs.
“Malice is evident because there is no distinction between the vaccinated and the unvaccinated,” they argued.
Duque said he was not surprised over the charges filed against him, Nograles and Grande.
In a phone interview, Duque said the members of the IATF had already expected the possibility of cases being filed against them when they opted to require vaccination for workers on-site.
“We knew there will be those who will not agree with this decision of the IATF,” said Duque but refused to further discuss the details of the case.
“As such, I decline to make any further comment on the matter, as I may be violating the rule on subjudice,” he said.
Duque said he could only hope that the case will eventually be dismissed by the Ombudsman for lack of merit.
Nograles did not respond when sought for his reaction.
BOOSTER SHOTS
Carlito Galvez Jr., chief implementer of the National Task Force against COVID-19, and vaccine expert panel member Dr. Rontgene Solante yesterday urged fully vaccinated individuals to get their booster shots to “triple” their protection against the virus.
Galvez, during the Bayanihan, Bakunahan ceremony in Bacoor in Cavite, said booster shots are already available for individuals belonging to the A1, A2, A3, A4 and A5 categories who got their second doses in March, April, May or June this year.
The booster shots, Galvez said, would ensure that the vaccination protection chain of an individual will not be broken.
Solante, in an interview with ABS CBN Teleradyo, said that based on studies, getting a third dose or booster shot six months after completing the two doses will increase one’s antibody and protection against COVID-19.
“It is not just double but triple the protection compared to when they just received the first and second dose,” Solante said, adding that further studies are needed to determine if a second booster will be needed after six to eight months after getting the booster.
He said a second booster may no longer be necessary if COVID-19 cases continue to go down.
Also, Galvez said the IATF will discuss with President Duterte and the Department of Health (DOH) the possible reduction to three to four months the time gap between the date of the second dose of the vaccine received and the time that the booster shot is given.
He said once approved by the President, the IATF will seek the go-signal of the Food and Drug Administration (FDA).
At present, booster shots are given six months after the second dose of a two-dose jab and after three months for those who received the single-shot Janssen.
Galvez said foreign experts have recommended the shorter period explaining that three doses, especially for those who received the Sinovac vaccine, would provide better protection.
As of December 12, the government has already administered 774,321 booster shots nationwide.
A total of 92.91 million doses of vaccines, including boosters, have been administered nationwide with 54.7 million given as first dose and 37.43 million doses as second dose.
The government aims to fully vaccinate more than 54 million Filipinos by the end of the year and 77 million by the end of the first quarter of 2022, and 90 million by the end of the second quarter, or before President Duterte steps down from office.
Galvez and NTF deputy implementer Vince again urged the people to be vaccinated during the Bayanihan, Bakunahan this week as government targets to inoculate more than seven million people.
Dizon assured the public that the government has enough vaccine supplies for the booster, the primary doses and the pediatric vaccines.
He said 3.5 million doses of single-dose Janssen vaccines that will be arriving this week will be used during the Bayanihan, Bakunahan.
Galvez said there are at least 62 million doses of vaccines already available in the country and more that 52 million doses of government and private sector-procured and donated vaccines are expected to be delivered before December ends.
To date more than 157 million vaccines have already been delivered. — With Gerard Naval and Jocelyn Montemayor
