“Absurd”is the word the Senate President used to describe a draft administrative order from the Department of Health (DOH) that would bar industries deemed “unhealthy” from buying COVID-19 vaccines for their employees under the government’s vaccination program. We can think of a few more words—“stupid” and “crazy” spring immediately to mind.
Data from the World Health Organization (WHO) show that the Philippines today accounts for more than a third of all COVID-19 infections in the Western Pacific region, which encompasses 37 countries and includes China, Japan and our Southeast Asian neighbors. We also account for 42 percent of all COVID-related deaths in the region. As a new surge in cases forced new quarantine restrictions, the government’s vaccination program has managed to administer only 240,297 COVID-19 vaccine doses so far, which is not even 1 percent of the total population and only 14 percent of the government’s target to immunize all 1.7 million health workers first.
Against this grim backdrop and a much-publicized shortage of vaccines, it is inconceivable that anyone would think it is a good idea to turn down offers to buy and administer more of them.
Yet this is what the DOH administrative order says:
“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.”
As the draft order came to light, lawmakers from both chambers of Congress denounced it as being discriminatory and even unlawful.
Senators noted that the COVID-19 Vaccination Program Act of 2021, which the administrative order seeks to implement, contains no provision to exclude anyone in the purchase of vaccines. The law, enacted in February, provides a legal framework for the vaccination program, including the participation of private entities in that effort.
“The law does not discriminate against or exclude companies based on their products, services or lines of business. The supposed administrative order, therefore, is discriminatory and it would go beyond the law and would constitute an actionable wrong,” said Senate Minority Leader Franklin Drilon, a former Justice secretary.
Senate President Pro Tempore Ralph Recto added that the administrative order was a case of legislating through IRR or implementing rules and regulations.
“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,” he said.
Under the wilting criticism, the DOH said it was still finalizing the draft order that would spell out the law’s IRR. We trust that when it finally does finish the order, it will recognize the urgency of getting more, not fewer vaccine doses into the country, and include none of this nonsense about excluding certain industries or companies.
“We are now dealing with the defining health and socio-economic crisis of our time,” Recto observed. We need all hands on deck in suppressing this pandemic.” Indeed, we need all the help we can get.
