SC junks petition seeking to stop purchase, use of Sinovac
Test tubes are seen in front of a displayed Sinovac logo in this illustration taken, May 21, 2021. (File photo from REUTERS)
MANILA, Philippines — The Supreme Court has dismissed a petition that seeks to stop the Duterte administration from buying and using Sinovac, one of two China-developed COVID-19 vaccine approved in the country for emergency use.
In a unanimous full court resolution made public Monday, the high court said the petition “failed to point out any question of law worthy of consideration.”
The petition was filed by former Boac, Marinduque Mayor Pedrito M. Nepomuceno, who asked the high court to compel the Department of Health (DOH) and the Food and Drug Administration (FDA) to require trials for Sinovac and other brands of vaccines before they are allowed for use.
In dismissing the petition, the high court said Republic Act No. 11494 or the Bayanihan to Recover as One Act, bestowed the President the discretion to address the COVID-19 pandemic.
The has given the President the necessary powers to implement COVID-19 response and recovery interventions.
“In the case of Sinovac vaccine, while many doubt its efficacy, it is not within the office of this Court to issue an order compelling the government to conduct further tests before the same can be distributed to the Filipino people,” the high court said in the decision penned by Associate Justice Jhosep Lopez.
“In the absence of proof that the grant of a EUA (emergency use authorization) was not made in accordance with law and prescribed procedure, this Court cannot issue an order that would stop the procurement and use of the Sinovac vaccine or require additional trials that are not mandated by law,” it added.
The high court explained that when the government is contemplating vaccine purchases, the requirement for the completion of clinical trials before a vaccine may be used in the Philippines is suspended for three months.
“As the judicial branch of the government tasked to interpret laws, settle actual controversies, and keep every government office within the scope of their authority, it is not within the office of the Court to go beyond what the law requires, including the procurement of COVID-19 vaccines,” the high court explained.
“Further, discretion was given to the government officials in addressing the spread of COVID-19, giving them enough leeway to decide the interventions they may see as proper by adopting, as a basis, guidelines issued and the best practices adopted by the World Health Organization and the United States Centers for Disease Control and Prevention,” it added.
The high court added that RA 11525, the COVID-19 Vaccination Program Act of 2021, exempted the procurement of COVID-19 vaccines, including subsidiary supplies and services, from the general procurement requirement of public bidding and allowed its negotiated procurement under emergency cases.
Also, it said that RA 11525 mandates that only COVID-19 vaccines that are registered with the FDA or have EUA can be validly procured. Given that Sinovac was given a EUA last February, the high court said there is “no valid ground exists to require the conduct of further clinical trials and public bidding.”
“Extraordinary times that present an invisible threat to the health of individuals, unbeknown to humanity, require an immediate, exceptional response from the government. This exceptional response must of course be in line with the guidelines and actions undertaken by an international central authority which, in this case, is the WHO and trusted international agencies,” it added.
