No law against refusing to get vaccinated, says Guevarra

Justice Secretary Menardo Guevarra

Justice Secretary Menardo Guevarra. INQUIRER file photo / MARIANNE BERMUDEZ

MANILA, Philippines — There is no law to compel anyone to get vaccinated, Justice Secretary Menardo Guevarra said Tuesday, noting that President Rodrigo Duterte “merely used strong words” to stress the importance of getting vaccinated and achieving herd immunity.

Duterte, in his Monday evening weekly briefing, warned the public not to force his hand when it comes to vaccination against COVID-19. Stressing that the country is in a national emergency, he said Filipinos should get vaccinated.

To date, the country has fully vaccinated at least around 2.1 million or 1.9 percent of the population, which is still below the target to achieve herd immunity.

“They are hard-headed.  Don’t get me wrong. There is a crisis being faced in this country. There is a national emergency. If you don’t want to get vaccinated, I will have you arrested,” Duterte said.

But Guevarra said, “I believe the President merely used strong words to drive home the need for us to get vaccinated and reach herd immunity as soon as possible.

“As a lawyer, he knows that not getting vaccinated is a legal choice; there is no law as yet that compels vaccination against COVID-19, much less criminalizes it, as presently available vaccines are still in their trial phases,” he added.

The Justice Chief also said that refusing to get vaccinated is different from violating health protocols.

“Getting vaccinated is not mandatory but complying with health protocols is mandatory. There is no law or ordinance that penalizes non-vaccination but there are existing laws and ordinances that penalize non-compliance with health protocols,” Guevarra said.

When asked if the President consulted him before making a statement about the arrest of those who refused to get vaccinated, he said “he seeks my legal opinion only when he finds it really necessary.”

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