Mandatory vaccination: Mad, bad, and just plain wrong - BusinessWorld Online

28/01/2022 6:40:00 PM

OPINION | Mandatory vaccination: Mad, bad, and just plain wrong [Being Right By Jemy Gatdula] READ:

OPINION | Mandatory vaccination: Mad, bad, and just plain wrong [Being Right By Jemy Gatdula] READ:

Early this week, a national official argued for the constitutionality of mandatory vaccination by referring to a provision of the 1917 Administrative Code, as well as a 1936 Supreme Court ruling. But as is usual with arguments in support of mandatory vaccination, they are just ghastly and appallingly wrong.

Being Right By Jemy Gatdula A MEMBER of Gising Maharlika Freedom fighters is doused with water by firemen during their protest at Liwasang Bonifacio in Manila last Jan.And with another opportunity arising, the Team Lakay rising star is seizing the opportunity as she steps back inside the ONE Circle at “ONE: BAD BLOOD” on 11 February in Singapore.POC president Abraham Tolentino said 36 members, headed by athletes’ commission representative and Olympic gold medalist Hidilyn F.On Wednesday, the 84-year-old pole-vault coach, who has produced a world champion in legendary Sergey Bubka and Olympic gold medalist Thiago Braz, made the exception to defend Filipino Olympian and Asian record-holder Ernest John “EJ” Obiena.

11.The group calls to stop mandatory vaccination by the government as it affects their livelihood and mobility.Olsim reacquaints herself with Jihin “Shadow Cat” Radzuan in a women’s atomweight fight that is three months in the making.— PHILIPPINE STAR/MICHAEL VARCAS E arly this week, a national official argued for the constitutionality of mandatory vaccination by referring to a provision of the 1917 Administrative Code, as well as a 1936 Supreme Court ruling.There were five who were against, three who abstained, and 10 who did not vote.But as is usual with arguments in support of mandatory vaccination, they are just ghastly and appallingly wrong.Ms.The Supreme Court case in question was People vs.93m, which is the current Asian record.

Abad Lopez (G.The changes, unfortunately, left Ms.Tolentino.R.No.Curiously, Ms.L-42199), involving a physician who certified his children as “vaccinated” and thus (he argued) no longer in need of vaccination, basing his contention on Section 1054 of the 1917 Administrative Code.The PhilCycling chief said they could withdraw the decision if PATAFA and Mr.The crucial provisions of the said Code for this case are as follows: “Sec.Hirata, who was originally intended to meet Ms.Obiena is now on the cusp of achieving greater heights and the impasse derails the latter’s development.

2694.Failure of person in charge of child to present same for vaccination.Ms.Juico and EJ can reconcile and EJ withdraws his complain, the GA and executive board can revisit it,” said congressman from Tagaytay.— Any parent, guardian, or other person, having charge of any child over one month old who shall fail to present the same for vaccination, as required by law, or who shall fail to return any such child to the vaccinating officer for vaccination of the effect of the operation, or for later vaccination, as the case may be, shall be fined P10 for each offenses.” “Sec.Radzuan now as she hopes to put into work the lessons she got from her last fight against Ms.1054.— Joey Villar.Petrov was referring to the recommendation of the PATAFA fact-finding body expelling him and Mr.

Persons liable to vaccination.Daring as her move to take the fight in such a short time frame, Ms.— Every person in the Philippine Islands shall submit to vaccination when thereunto lawfully required, unless he shall furnish satisfactory evidence either by a certificate from a physician or vaccinator, or otherwise, to effect that he is immune from the disease of smallpox.Such vaccination shall be performed gratis.Radzuan.” The 7-4 decision (as there were 11 members of the Court at that time) led to the upholding of the conviction of Dr.Jose Abad Lopez, with the ponente (Justice John Adley Hull) making a reference to the US Supreme Court case of Jacobsen vs.Olsim and Ms.Obiena and Petrov soon.

Massachusetts.But the crucial thing here is that by simply making a general reliance on Jacobsen, the Court fallaciously assumed that “the right of the State to compel compulsory vaccination is well established” and thus the constitutionality of the abovementioned provisions of the Administrative Code was “not put in question in these proceedings..” The issue instead was simply the proper interpretation of the aforementioned two 1917 Administrative Code provisions, for which Justice Claro Recto’s dissent was the correct one: If a person “can produce such certificate, his obligation to present himself for vaccination ends.” In any event, would the provision mandating vaccination against smallpox be constitutional? Perhaps.But saying so will not justify or make proper any present vaccination mandate against COVID-19.Petrov.

Note that the Jacobsen case did not actually involve mandatory vaccination (as one can get out of the vaccination merely by paying a $5 fine).And both Abad Lopez and Jacobsen cases involved smallpox, which was a disease with a case fatality rate of 30%.Smallpox killed 500 million people in the last 100 years.This despite there being a vaccine (invented in 1796).Incidentally, the 1918-1919 Spanish Flu pandemic killed 50 million worldwide and has a case fatality rate (cfr) of 2.

5%.COVID-19 (the supposed deadliest virus of all time, as COVID narcissists say) is being shown to have a cfr from between 0.9 – 2% (Philippine cfr hovers around 1.5% to 1.8%).

To equate COVID with smallpox is plain ridiculous.And even then, the 1917 Administrative Code does not really absolutely compel people to be vaccinated.A person can choose to be unvaccinated if one can “furnish satisfactory evidence either by a certificate from a physician or vaccinator, or otherwise, to the effect that he is immune from the disease of smallpox.” Otherwise, like in the Jacobsen case, one need only pay a fine (in this case, P10).And an important point was made in the Abad Lopez case, and that is that questions like these are “for the legislature … to determine.

” Thus, by extension, not the IATF (Inter-Agency Task Force for the Management of Emerging Infectious Diseases) or MMDA (Metro Manila Development Authority).And note that the 1917 Administrative Code was replaced by the 1987 Administrative Code, which removed and thus contains NO provision on mandatory vaccination.Statutory construction indicates this as legislative rejection of mandatory vaccination.This rejection is supported by the fact that NO law exists requiring mandatory vaccination.The now expired Bayanihan Acts I and II, particularly the latter (RA 11494), even punishes acts of discrimination done against any person in relation to COVID measures.

Any person (public or private) that discriminates can be imprisoned for six months and fined P100,000.Neither RA 11332 (“Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act”) nor the Local Government Code authorizes the IATF or any government body to enforce mandatory vaccination.RA 11525 (“COVID-19 Vaccination Program Act of 2021”), Sec.12, also makes clear that vaccination cards cannot be made a requirement for government or business transactions and declares that vaccinated individuals shall “not be considered immune from COVID-19.” As things stand, by dint of present constitutional and international law jurisprudence, Philippine legislation, and the science surrounding COVID-19, mandatory vaccination is completely unjustified, totally unreasonable, and downright wrong.

Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

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Jemy is a conservative, anti-SOGIE, Covid-denier lawyer. What did I even expect from reading such crap article lol. Sayang 5 mins reading.

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