No fines, penalties for passengers under DOTr’s ‘no vax, no ride’ policy

While passengers cannot be penalized for violating the Department of Transportation’s (DOTr's) “no vaccination, no ride” public transportation policy, they are still subject to various Metro Manila local government unit ordinances.

At a virtual press briefing on Friday, Transportation Undersecretary for Legal Affairs and Procurement Reinier Paul Yebra clarified that passengers or commuters are not under the scope of the DOTr’s Department Order No. 2022-001.

“Para sa mga magba-violate ng ‘no vaccine, no ride,’ linawin natin ‘pag pasehero po, sa Department Order, wala tayong penalty doon kasi hindi po ‘yun saklaw ng Department of Transportation,” Yebra said.

(For those who will violate the "no vaccine, no ride," let me clarify that if a passenger is a violator, under the Department Order, there is no penalty because they’re not under the DOTr’s jurisdiction.)

For his part, DOTr Road Transport Sector Assistant Mark Steven Pastor said drivers and operators are the ones who can be penalized for violating the “no vaccination, no ride” policy.

Pastor said drivers and operators can be penalized under Article I, Section J of the Joint Administrative Order No. 2014-01.

“Ang fines magsisimula sa P1,000 hanggang P10,000 depende kung pang ilang paglabag sa ating polisiya,” Pastor said.

(The fines start from P1,000 to P10,000 depending on how many times the policy is violated.)

“Maaring ma-suspend ang prangkisa depende sa gravity ng offense na kanilang na-commit,” the DOTR Road Sector official said.

(Their franchise can be suspended depending on the gravity of the offense committed.)

Yebra, meanwhile, said that passengers or the commuting public can be penalized for violating their respective LGUs’ ordinances such as restricting mobility for the unvaccinated.

“Ang range po niyan nasa P500 up to P5,000. ‘Yung iba naman po may kasamang imprisonment ranging from five days to six months,” Yebra said.

(Penalties range around P500 up to P5,000. Others have imprisonment ranging from five days to six months.)

The DOTr Legal Affairs undersecretary added that LGU ordinance penalties are separate and independent from the punishable acts under the Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.

“Doon kasi pine-penalize ang non-cooperation na tinatawag at ang penalty doon ay merong fine from P20,000 to P50,000 at imprisonment of one month to six months,” Yebra said.

(The law penalizes so-called non-cooperation and the penalty is a fine of P20,000 to P50,000 and imprisonment of one month to six months.)

Yebra also warned that the Revised Penal Code penalizes the falsification of COVID-19 vaccination cards with fines of up to P1 million and imprisonment of six months to six years.

Under the DOTr’s Department Order No. 2022-001, issued on January 11, 2022, access to public transportation is limited only to fully vaccinated individuals.

Vaccination status can be proven by either physical or digital copy of a local government unit-issued vaccine card, Department of Health-issued vaccine certification, or any Inter-Agency Task Force-prescribed document with valid government-issued ID with picture and address.

The Transportation department cited the Metro Manila Council Resolution No. 22-011, series of 2022, which prohibits the unvaccinated from domestic travel via public transportation by land, sea, and air as the legal basis for its “no vaccination, no ride” policy.

Exempted from the “no vaccination, no ride” policy are the following:

• Persons with medical conditions that prevent their full COVID-19 vaccination as shown by a duly-signed medical certificate with the name and contact details of their doctor; and
• Persons who will buy essential goods and services, such as but not limited to food, water, medicine, medical devices, public utilities, energy, work, and medical and dental necessities, as shown by a duly issued barangay health pass or other proof to justify travel.

— DVM, GMA News