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Ex-Palace exec defends order barring unvaccinated people’s movement

On Sunday, a former Palace official backed President Rodrigo Roa Duterte’s directive to prevent unvaccinated people from leaving their homes, claiming it was part of the President’s role as head of state.

After the Commission on Human Rights (CHR) claimed Duterte’s order to ban unvaccinated persons “violates” the Constitution and human rights, senatorial candidate and former presidential spokesperson Salvador Panelo backed him.

According to Panelo, the 1987 Constitution has provisions that allow the President to impose limits on the mobility of unvaccinated people in order to protect the general public from contagious disease.

“In the face of the epidemic, individual freedom of movement may be restricted in the cause of public health,” he said in a press statement.

Panelo said the President’s constitutional duty as head of state is to “serve and protect the people,” citing Section 4, Article II of the Constitution.

According to him, the President is also required by the Constitution to “defend and promote the people’s right to health and create health consciousness among them under Section 15, Article II.”

Panelo also highlighted Section 5, Article II, which declares that “the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the public welfare are fundamental for the enjoying of the blessings of democracy by all people.”

“It will be a dereliction of duty on the President’s part if he fails to take proper and essential steps to restrict the movement of unvaccinated persons, which endangers the people’s safety and general welfare,” he added.

The movement restriction order, according to Panelo, will benefit both individuals whose movements are impaired and those who are not, because the danger of infection with the coronavirus illness 2019 (Covid-19) is “significantly reduced.”

Duterte encouraged barangay (village) captains to discover unvaccinated individuals in their communities and keep them at home in a pre-recorded public address on Thursday.

“I’m now giving orders to the barangay captain to seek for individuals who haven’t been vaccinated and just request or order them to stay put,” she said. If he refuses, he will be escorted out of the house and into the community, or he will be detained wherever he goes,” he said.

“And if he refuses, the barangay captain, as a person in authority, is now authorized to arrest the obstinate folks —this is in addition to the police power, the agents of a person in authority,” he continued.

According to CHR spokesman Jacqueline Ann de Guia, such limits must be legalized through legislation.

“At the moment, there is no law that makes being unvaccinated a crime, and no statute that satisfies the Constitutional requirement on restricting freedom of movement.” Any arrest conducted on these grounds could be unconstitutional, violating the Constitution and our guaranteed human rights, she argued.

On Sunday, the number of new Covid-19 cases reached 28,707, the highest daily total since the epidemic began, bringing the total number of cases in the country to 2,965,447.

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