NextGen Day

The Department of Transportation (DOTr) underlined on Monday that the public transportation “no vaccine, no ride” policy is “legally valid” and required to “keep and sustain safe travel.”

The DOTr stated it has the right to adopt such policies “under pertinent laws and regulations” in response to a statement from the Integrated Bar of the Philippines (IBP) questioning its validity.

“Remember that our role as transportation regulators to protect and preserve safe travel must be weighed with the so-called right to ride,” the DOTr stated in a statement.

The policy is only applicable to the National Capital Region (NCR) and will only be enacted if the region is at or above Alert Level 3.

“This policy will be automatically lifted once we scale down to Alert Level 2,” the statement read.

“The state has the ability to control the mobility of unvaccinated persons if it judges that such regulation is in the interest of public health or public safety,” Justice Secretary Menardo Guevarra said.

“The Resolution, which is also in line with comparable IATF (Inter-Agency Task Force for the Management of Emerging Infectious Diseases) resolutions,” it said, “prohibits unvaccinated individuals from boarding public transportation, subject to exceptions.”

According to the agency, the policy does not contravene Republic Act 11525, which specifies that immunization cards should not be regarded as an additional necessary condition for the educational, job, or other similar transactions.

The DOTr stated, “Access to public transit is not among those specified in the restriction.”

It stated that the vaccine policy is “not absolute” and that exceptions are made for people with medical reasons, those who have proof of a need for crucial products and services, and those who work in critical industries.

The IBP said on Friday that it is “concerned” about the legal consequences of government policies impacting unvaccinated people, who are “handled in a manner that appears to be in breach of their constitutional rights.”

While vaccination “remains the major scientific option out of this Covid-19 pandemic,” it is unclear if individuals can be legally forced to get vaccinated, whether the “no vaccine, no ride” policy is legitimate, and whether local governments can enact regulations to enforce it.

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