Drilon: State police power can be invoked to sustain ‘no vax, no ride’ policy

Senate Minority Leader Franklin Drilon said the government could invoke the state police power enshrined in the 1987 Constitution on the issue of the “no vaccination, no ride” policy.

“Right now, that is debatable, but on the matter of police power, it can be sustained. At the very least, it (the policy) cannot be said that is it is absolutely baseless. The police power of the state can be invoked to sustain this policy of ‘no vax, no ride’ on the part of the government,” Drilon said in an interview over ANC.

“The police power is enshrined in our Constitution. It is not only in my view, but that is what the Constitution provides not only in the Philippines but in all democracies around the world,” he added.

Drilon encouraged those who opposed the policy to bring the issue before the Supreme Court to settle the case once and for all.

So far, he emphasized that even other states with “sophisticated and established democracies” have yet to settle the issue of mandating vaccination among its citizens.

“So, it is a classic class of interest, the interest to protect public health and the individual freedoms,” he said.

Drilon also said that the national government's police powers can be enforced by the local government units.

“The right of the national government under its police powers to protect the general welfare, including the health of the people is as much applicable to the LGUs,” the former Justice secretary said.

“I am not saying that at this stage it is valid, I am just saying there is power, whether or not it is reasonably exercised,” he added.

In a statement Wednesday, Drilon has cited a 1905 jurisprudence in the United States in the case of Jacobson vs. Commonwealth of Massachusetts, wherein the high court upheld the compulsory vaccination of persons over the age of 21 against smallpox.

Drilon noted that it ruled that the vaccination program had a “real and substantial relation to the protection of the public health and safety.”

He cited another jurisprudence in 1922 in the case of Zucht vs. King, wherein the court said “it is within the police power of a State to provide for compulsory vaccination” and that the ordinance did not bestow “arbitrary power, but only that broad discretion required for the protection of the public health.”

Drilon’s stand, however, runs in contrast with his colleagues' view.

On Wednesday, more senators have joined the call to halt the implementation of the government’s “no vaccination, no ride” policy following confusion among commuters.

Under the new policy which took effect last Monday, only fully vaccinated individuals in Metro Manila may board public utility vehicles while the region is under Alert Level 3 or higher.

This is consistent with the President’s order to restrain unvaccinated individuals from going out of their residences.

On Tuesday, Labor Secretary Silvestre Bello III said unvaccinated workers may avail of public transportation on their way to their respective workplaces.

The government official made the clarification following public outcry regarding the measure. — RSJ, GMA News