Panelo insists rule of law observed in vaccination of Duterte's security detail

MANILA, Philippines — Rule of law was observed when members of the Presidential Security Group (PSG) received vaccines for COVID-19 since it was in line with their duty to protect the chief executive, President Rodrigo Duterte's chief legal counsel said Sunday.

While the Food and Drug Administration (FDA) has not approved any COVID-19 vaccine for use, Duterte revealed recently that "many" Filipinos, including soldiers, have been inoculated with vaccines from Chinese drug maker Sinopharm. The PSG has confirmed administering vaccines to Duterte's close-in security aides, saying the president should be protected from all forms of threat "to preserve the stability of our nation." 

Critics claim the vaccination was illegal, citing the FDA Law, which prohibits the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product that is not registered with the regulator. Senate Minority Leader Franklin Drilon has backed calls to probe the vaccination of PSG personnel, saying the "rule of law must be the rule." 

But Chief Presidential Legal Counsel Salvador Panelo said the vaccination was legally valid and consistent with the PSG's duty to secure the president. He said while existing laws provide that any new drug should have authorization from the FDA, the prohibited actions relative to new drugs presupposes that they were "undertaken pursuant to commercial transactions." Officials previously claimed that the unregistered vaccines were "donated" but declined to identify the source. 

"Contrary, therefore, to the insinuation of Senator Frank Drilon and other critics, the rule of law was observed. The PSG's action, aside from being legally valid, is consistent with — and pursuant to — its duty of securing the life of the President at all cost," Panelo said in a statement.

"Consciously endangering one’s own life, is not a crime. Instead of being criticised, these sentinels of the President should be commended for putting their lives on the line to protect (President Duterte)," he added. 

Panelo said the PSG members were vaccinated without the use of public funds, so the issue is not a matter of who should have received the vaccine first. He claimed that the inoculation was not government sanctioned and PSG members acted on their own initiative. 

"We note that the efficacy of the vaccine is not 100 percent and is without FDA approval, members of the PSG, being frontliners, took the risk of endangering themselves just so they can accomplish their duty of protecting the President from COVID-19 infection," the President's legal counsel said.  

"The recent action of the public has not caused any damage or injury to anyone, including the public. The priority list for those to be inoculated under the government's vaccination program is unchanged," he added. 

Under the government's vaccination program, the priority will be 1.76 million frontline health workers followed by the 3.79 million indigent senior workers. The third priority will be the remaining 5.68 million senior citizens followed by the 12. 9 million remaining indigent population and the more than 525,000 uniformed personnel. 

Panelo said individuals who use their own resources to secure unregistered vaccines do so at their own risk.