DID the President imply that the law he signed is illegal?
In a pre-recorded address aired Monday night, President Rodrigo Duterte categorically described indemnification clauses that would see the government liable to patients suffering from adverse effects of vaccines after taking them, as illegal.
“Ang gusto ng mga manufacturers na ang gobyerno — ang private sector magbili, ang gobyerno ang mag-assume ng liability. Hindi ho puwede ‘yong ganoon,” said Duterte a month after he affixed his signature on a document establishing a P500-million indemnity fund as a salient feature in the government’s COVID-19 vaccine procurement program.
However, vaccine czar Carlito Galvez doesn’t seem to see it that way, adding that all contracts for the vaccine procurement have an indemnification clause.
“Sa lahat po ng kontrata, nakapirma po tayo ng indemnification clause at saka humihingi po sila ng indemnification just in case magkaroon po ng adverse effect. Iyong responsibility po na ‘yon, hindi po natin puwedeng mai-delegate sa private sector or sa local government units,” Galvez was quoted as telling Duterte.
“Talaga po ‘yong national government ang pinanghahawakan po ng manufacturer na tayo po ang gusto nila kasi — considering that it’s still under clinical trial, kung magkaroon ng adverse effect, they will be immune from any liability or suit. So ang gobyerno po ang mananagot po,” he added.
Galvez has warded off allegations that the national government was blocking efforts of the private sector, and even the local government units, to directly procure vaccines from drug manufacturers, and without signing a tripartite agreement with the national government.
The Indemnity Act provides funds to compensate any individual vaccinated against COVID-19, in case of death or possible adverse effects. The Act also states that manufacturers and even representatives of private entities “shall be immune from suit and liability under Philippines laws with respect to all claims arising out of, related to, or resulting from the administration or use of a COVID-19 vaccine under the COVID-19 Vaccination Program except arising from willful misconduct and gross negligence.”