‘Unbelievable,’ says Drilon after Duterte appears to renege on indemnity fund for vaccine side effects

FILE PHOTO Senate Minority Leader Franklin Drilon (Screengrab/Senate PRIB)

MANILA, Philippines — Senate Minority Leader Franklin Drilon expressed disbelief on Tuesday after President Rodrigo Duterte said the government could not assume liability for all COVID-19 vaccines purchased by the private sector.

Drilon noted it was Duterte himself who signed last month the COVID-19 Vaccination Program Act of 2021, which provides for a P500-million indemnity fund in case of death or possible adverse effects  to those who received vaccine shots procured by government.

In his weekly address Monday night, however, Duterte said the government could not assume liability, and even went so far as to call it “illegal” to do so.

“Unbelievable,” Drilon said in a text message to reporters when sought  for comment on the issue, explaining that the indemnity clause was proposed by Health Secretary Francisco Duque and vaccine czar Carlito Galvez.

He said he amended the proposal to make vaccine makers liable for damages arising from “gross negligence and willful misconduct” and realigned P500 million from the Contingent Fund as Indemnity Fund.

“Duterte certified the law as urgent. We passed it. He signed it. There is a law,” stressed Drilon.

‘Blanket immunity’

Senator Imee Marcos, meanwhile, surmised Duterte was responding to some vaccine makers’ call for “blanket immunity” which she said “clearly goes against the law and is patently contrary to public policy.”

“Thus, the Vaccination Law recently passed by Congress and signed by PRRD (Duterte’s initials) last February 26 limits that absolute exemption from the suit,” she said in separate statement.

Marcos then cited the same provision in the law providing for vaccine manufacturers’ liability in case of willful misconduct or gross negligence.

“No one can be deprived of their individual and private rights to file suit,” she pointed out.

For his part, Senate President Pro Tempore Ralph Recto urged everyone to focus instead on the target of vaccinating 70 million Filipinos to achieve herd immunity as soon as possible.

“To achieve that this year, we need to to jab 4 million per week for 9 months to reach 72 million Filipinos with two jabs each,“ Recto said in another text message.

“All other issues, like indemnification should be looked upon within this context. That should be the goal. So allow both private and local to assist national government to attain this goal.”

EDV