DOTr: New policy to protect unvaccinated
CRITICS yesterday described as “discriminatory” the government’s “No Vaccination, No Ride” policy in Metro Manila, even as the Department of Transportation (DOTr) defended its move, saying this was intended to protect unvaccinated persons from getting infected with the coronavirus disease (COVID-19).
Senate President Vicente Sotto III, in expressing his opposition to the policy, said government should not discriminate unvaccinated individuals.
“There should be no discrimination among the riding public. Instead of barring them from riding public transports, DOTr should come up with brighter ideas on how to protect the unvaxxed from the deadly virus. For example, in trains or in PUBs, designated coaches or buses should be designated for riders who have not been jabbed,” Sotto said.
The DOTr announced on Wednesday that starting January 17, unvaccinated individuals will not be allowed in land, rail, sea and air transportation in Metro Manila, which is the epicenter of the pandemic in the country. The policy will be in effect while the NCR is under Alert Level 3 and will still be implemented when the alert status is raised to 4 or 5.
Commuters will be required to present a physical or digital copy of their respective vaccination cards issued by their local government unit or any IATF-prescribed document and a valid government ID with picture and address.
Sotto said the government should continue to “serve the people who still don’t want to get their vaccines.”
“There are many options, but to destabilize the means of transportation of our people should not be the only option. Think. Explore. There are plenty of other ways to fight the pandemic,” he added.
Sen. Joel Villanueva, committee on labor chairman, said government should focus on the welfare of the country’s commuters, a large portion of whom are workers going to and from their places and work and homes.
“An all-out ban on unvaccinated individuals in public transportation — with little or no viable alternative options — will only create resentment and animosity, and will further discourage them to get jabbed,” Villanueva said.
Calapan City, Oriental Mindoro mayor Arnan Panaligan, who is the secretary general of the League of Cities of the Philippines (LCP), questioned the legality of the policy, even as he stressed that the government needs to respect the rights of unvaccinated persons, especially if their reason for not getting inoculated is religious belief.
“To me, there is a constitutional issue there, that order of the DOTr can be questioned. If this did not pass the test of reasonableness, this cannot be justified,” said Panaligan, a lawyer, in a radio interview.
“As a lawyer, my first reaction is there is constitutional question involved, it seems it’s discriminatory and a burden to the unvaccinated,” he added.
He also said that “there is one area not covered by the DOTr memo.”
“What if the reason why one is not getting vaccinated is because of religious belief? That (religious belief) has to be respected,” Panaligan said, pointing out that there are some religious groups that prohibit their members from getting vaccinated. “We have to respect their beliefs about it (vaccination).”
Panaligan also said there is a Supreme Court decision that allowed people not to pay tribute to the Philippine flag by reason of religious belief.
“So, by analogy, if vaccination is against their religion, this (no vaccination, no ride policy) may not get the approval of the court. So, the DOTr may have to review that (policy),” he said.
“As a lawyer, if this issue is brought before the court, the DOTr may lose…It appears that the DOTr memo is questionable from the point of view of constitutional law,” added Panaligan.
Sen. Nancy Binay doubts if the “no vaccination, no ride” policy will be implemented in public utility vehicles like jeepneys, busses, and trains which are the main means of transportation of the riding public.
“We must understand that majority still take public transportation and passengers of most of the PUVs (public utility vehicles) like jeepneys get on and alight at any point of the trip.
Although we recognize that transmissions can easily spread in enclosed settings tulad sa mga (like in) train at buses, retrofitting PUVs is the more practical approach since COVID is now part of our life,” Binay said.
Binay said it is also unfair if unvaccinated persons are not allowed to take public transportations.
“The method of action is patently restrictive when it comes to implementation of policies. It does not protect those who are yet to be vaccinated. What happens now if an individual needs to take a ride to have himself vaccinated?” she said.
The DOTr, in a statement, said: “We apologize for any inconvenience this may cause the riding public. It is important to note that the policy only takes effect while Alert Level 3 (or higher) is implemented to stem the surging cases of COVID-19, particularly with the spread of the highly infectious Omicron variant.”
It noted global reports indicating that people who have not been vaccinated and who gets infected with the coronavirus have experienced severe symptoms.
“We believe that it is more anti-poor and anti-life if we will not impose interventions that will prevent loss of life due to non-vaccinations. We do not discriminate against the unvaccinated, but we are protecting them,” The DOTr said.
Likewise, the DOTr warned that if the number of public transport personnel infected with the virus goes higher, there might be another transport shutdown.
“We might face another shutdown just like what happened last year in the Metro Rail Transit line 3 (MRT-3), Light Rail Transit (LRT lines), and Philippine National Railwasy (PNR), as most front-facing passengers were infected with the virus. We want to prevent another public transport shutdown. We are doing everything we can to maintain and keep our public transport operations safe and running. It will be a much heavy burden for commuters if we experience a repeat of public transport closures.”
“If we do not act now, all industries and business sectors will be severely affected. Either the businesses will minimize workers, cut down on some parts of their business, retrench employees, or shut down to cut down on losses or pay off debts. And this affects not only the business owners but people who will lose their job and all those who depend on them,” it added.
The DOTr likewise said the policy has a legal leg to stand on as it supports the Metro Manila Council resolution issued last week limiting the mobility of unvaccinated persons. — With Myla Iglesias and Victor Reyes
