THE Department of Justice (DOJ) has declared that local government units (LGUs) may exercise police power and enact laws that would impose fines against their constituents who continue to refuse to get vaccinated against Covid-19.
Justice Secretary Menardo Guevarra explained that LGUs may not wait for a law to be crafted by the legislative branch to implement mandatory vaccination against Covid-19 within their jurisdiction.
“Local government units, through their legislative organs, may also exercise police power. For example, a local ordinance prohibiting video game arcades within a certain distance from schools is an exercise of police power,” Guevarra said.
“Theoretically, a local ordinance compelling all residents within the territory of the LGU to get themselves vaccinated against Covid-19 may be enacted even without a national law on the matter,” Guevarra added.
But, like any other law, Guevarra said its legality or constitutionality might be questioned before a court.
“…Like all other laws and ordinances invoking police power, it may be challenged in court by anyone on the issue of reasonableness, among others,” he added.
In his public address last Monday, President Duterte warned that he would use the State’s police power to compel people to get vaccinated.
However, Guevarra said a law is required if sanctions or penalties would be imposed in the exercise of police power.
“The President correctly invoked police power as the basis to compel anti-Covid-19 vaccination for everyone except those who have valid reasons. The power rests upon the inherent right of the State and the people to self-protection,” he said.
“But this power, especially if accompanied by penalties or sanctions to enforce obedience or compliance, must be exercised through the legislature,” the justice chief added.
Without an enabling law, Guevarra explained that the government may only urge, persuade or try to convince people to heed its call to get vaccinated.