MANILA, Philippines — Lawmakers on Sunday criticized a draft administrative order by the Department of Health (DOH) excluding certain companies from the rollout of COVID-19 vaccines for their workers.
But the DOH explained in a statement on Sunday that it was still finalizing the draft, which would contain the implementing rules and regulations for Republic Act No. 11525 or the COVID-19 Vaccination Law.
The law, enacted in February, provides a legal framework for the vaccination program, including the participation of private entities in that effort.
However, as Sen. Imee Marcos disclosed on Saturday, the government’s pandemic managers also recommended in the order the exclusion of manufacturers of tobacco, milk, sugar, soda, and alcohol, as well as multinational firms based in the Philippines in the distribution of COVID-19 vaccines.
“That means the entire San Miguel group, the whole Lucio Tan group, Puregold, Nestle, Destileria Limtuaco, all soft drinks producers, Tanduay, Ginebra, White Castle, et cetera,” said Marcos, who warned further that the policy would have a “crippling” effect on the vaccination program because thousands of private-sector workers would be denied the chance to be vaccinated.
“If these giant companies cannot buy vaccines, 50 percent of which will be donated to the public because the government lacks funding, how else will we acquire more vaccines?” she asked.
Marcos, the chair of the Senate economic affairs committee, said she received a copy of the order which read in part, “The NTF (National Task Force [against COVID-19]), together with the DOH, shall review the requests of private entities to procure vaccines to ensure that private entities who will be part of the agreement are not in any way related to the tobacco industry, products covered under Executive Order 51 series of 1986 or the ‘National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplement and Other Related Products’ or other industries in conflict with public health.”
‘Moral responsibility’
Senate President Vicente Sotto III branded the exclusion of those companies as “absurd” and said the proposal must have been recommended by the same officials behind the government’s pandemic response.
Senate Minority Leader Franklin Drilon said in a statement the draft order “is discriminatory and it would go beyond the law and would constitute an actionable wrong.”
“The law recognizes the role of the private entities in arresting the pandemic. That law made them partners of government in ensuring that the workforce is safe and protected from the COVID-19,” he added.
He warned Health Secretary Francisco Duque III that the Senate may investigate the draft order.
“Please stop playing God. This is not the time for politics and selfish agenda. It is our moral responsibility to share the vaccine,” Drilon said.
Senate President Pro Tempore Ralph Recto said the draft order would “sabotage” public-private cooperation to vaccinate a sufficient number of Filipinos to reach herd immunity.
“What is wrong with these people in the DOH and NTF that they will not allow private wealth to be used for public welfare?” he said in his statement.
Sen. Joel Villanueva said the private sector should be encouraged to vaccinate their employees so the government can focus on front-liners, minimum wage earners and contractual workers, government workers, and teachers.
House Deputy Speaker Bernadette Herrera said the DOH should “set aside animosity” and allow all private companies to procure vaccines.”
Anakalusugan Rep. Michael Defensor said “Congress never meant to discriminate against any industry when we passed the law establishing the COVID-19 vaccination program, precisely because we recognize that government needs the help of the entire private corporate sector in quickly immunizing as many Filipinos as possible.”
But the DOH said it is “still in the process of reconciling the proposed provisions with other existing laws and guidelines.”
It added “Any provision that may be perceived to discriminate against any sector of the population from accessing COVID-19 vaccines is not considered in any policy, guideline, protocol that shall be issued by this government.”
“All comments and recommendations from different stakeholders are still welcome until the finalization and approval of the IRR.”