THE Supreme Court has dismissed the petition filed by former Boac, Marinduque Mayor Pedrito Nepomuceno seeking to stop the government from purchasing and allowing the emergency use (EUA) of Chinese manufactured anti-Covid-19 vaccine Sinovac.
In a 17-page resolution penned by Associate Justice Jhosep Lopez, the Court unanimously held that President Duterte has been granted the discretion under Republic Act 11494 (Bayanihan to Recover as One Act) on how to address the pandemic brought about by the spread of Covid-19.
The law, according to the Court, paved the way for the President to exercise powers that are necessary and proper to undertake and 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 Court declared.
“In the absence of proof that the grant of an EUA 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.
In his petition for mandamus, Nepomuceno sought the Court’s issuance of an order to compel the government to observe the Food and Drug Administration (FDA) rules on the acquisition, procurement and use of drugs, particularly on the issue of trials and procurement and use of Covid-19 vaccines, specifically Sinovac, and for them to properly observe the procurement law.
He also asked the Court to direct the Department of Health-FDA to issue a cease and desist order for the purchase and use of the Sinovac vaccine.
The petitioner asked the Court to demand that Sinovac and all other vaccines undergo the required trials in the country before they are given the go signal for emergency and/or regular use.
Nepomuceno named President Duterte, Health Secretary Francisco Duque, Inter-Agency Task Force on Emerging Infectious Diseases and Chief Implementer of the National Task Force Against Covid-19 retired Gen. Carlito Galvez.
In junking the petition, the Court held that the petitioner failed to prove that the respondents have the ministerial duty to perform with regard to the conduct of trial and procurement of vaccines for Covid-19.
The SC noted that during the time when the national government planned to procure and enter into contracts for the procurement of the Sinovac vaccine, there was no law in effect that required the mandatory conduct of clinical trials for the procurement of any Covid-19 vaccine, including that produced by Sinovac.
“On the contrary, the requirement for the completion of clinical trials before a vaccine may be used in the Philippines as required by the Universal Healthcare Act was suspended for a period of three months,” the Court said.
“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 [WHO] and the United States Centers for Disease Control and Prevention,” it added.
The Court further explained that granting the petition would render irrelevant Executive Order (EO) 121 which was issued in line with the authority granted by Congress to the President under RA 11494.
EO 121 seeks to hasten the availability and use of Covid-19 drugs and vaccines as a measure to prevent and suppress the spread of the virus as mandated under the Bayanihan to Recover as One Act.
The Court added that the issuance of an EUA excluded the need for the completion of the conduct of clinical trials prior to the use of the anti Covid-19 vaccines.
Likewise, the Court noted that Republic Act 11525, or the Covid-19 Vaccination Program Act of 2021, which was signed into law on February 26, 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.
The Court further explained that RA 11525 also provides that only Covid-19 vaccines that are registered with the FDA or have EUA can be validly procured.
Considering that the FDA had already issued an EUA in favor of the Sinovac vaccine on February 22, 2021 pursuant to EO 121 and through the allowed negotiated procurement, the SC 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,” the SC said.
“In all, petitioner failed to point out any provision of law that imposes a ministerial duty on the part of the respondents to perform an act in compliance with a specific mandate for conduct of clinical trial and procurement of Covid-19 vaccines, specifically that produced by Sinovac,” it added.
Missing Sinovac vaccine probed
JUSTICE Secretary Menardo Guevarra assured on Monday that the National Bureau of Investigation (NBI) will look into the alleged illegal transfer of 15 doses of Sinovac vaccines from the provincial vaccination center to a politician’s home in Catarman, Northern Samar.
Guevarra said the investigation on the illegal sale of anti-Covid-19 shots and slots as well as the unauthorized distribution, purchase and inoculation are within the scope of the instructions he earlier gave to the NBI.
“The NBI has a standing order from the DOJ to investigate the sale or administration of Covid-19 vaccines outside the authorized channels of distribution,” said Guevarra.
“It will be ready to assist the PNP and the Provincial Board of Northern Samar in any investigation of the subject incident,” he added.
Based on reports, the Northern Samar provincial bureau has started its investigation on the allegations that 15 doses of Sinovac vaccines were illegally taken from the provincial vaccination center and brought to a politician’s home.
The 15 doses were reportedly leftovers of the 50 doses for the scheduled vaccination last June 10.
Only 35 doses were administered to listed recipients while the rest failed to show up.