ILIGAN City ― In the continuing hearing Wednesday at a regional trial court here, the signing of waiver before a vaccinee gets the jab is among the leading concerns of the petitioners.
Lawyer Leo Zaragoza who attended such hearing said that the petitioners pointed out to the court that before getting the jab, the vaccinee had to sign such waiver which in effect said that if there were adverse effects after said jab, the vaccinating team, the local government unit or anybody that had something to do with such undertaking had “no liability” whatsoever.
This is “laughable,” the lawyer said as the tone of the Executive Order is “mandatory” and there is no liability on the part of the unit mandating such. He said there is such waiver on the part of the manufacturing companies to the entities or government using them but this should not apply to the vaccinees themselves. He then enjoined the city government here to make provisions for such adverse effects in case they occur like payment of say {3 million, or maybe P2 million in case the amount is deemed too much, he said, payment for hospitalization or funeral expenses in case of death.
In an earlier hearing on the matter held Monday this week, the petitioners led by one Prof Godofredo Dimamay, as pointed out by its counsel Samson Dajao the “experimental nature” of the Covid 19 vaccines and that per R. A. 11525 “vaccine cards should not be considered as an additional mandatory requirement for educational, and other similar government transactions.”
The controversial Executive Order 291 of mayor Celso G Regencia to recall provided for the presentation of vaccine cards even for one dose only before drivers of jeeps or other public vehicles cannot ply their routes without those cards even as commuters have to present their cards before riding. Likewise, vendors in markets have to present their cards before selling their wares even as customers have to present theirs too. Government offices have to require such cards too from those who have transactions with their offices.
If they cannot present these, they have to present negative results of RT-PCR results.
People here then panicked as the EO was supposed to take effect on Nov. 16 and thousands trooped to vaccination sites disregarding social distancing protocols.
Caocao Badelles, city legal officer though told the court that “there is no mandatory provision in said EO” as per the memo that they have received, they were only required to “prioritize” those who have those cards.
Zaragoza then said that “a memo cannot rise above an order” even comparing it to “water falling from a source cannot rise above the source.” He then enjoined people. who had been prevented by the police to do their tasks because of their inability to present those cards, to show themselves to lawyer Dajao so that the court will be guided accordingly.
It was then learned that some vaccinees “died” after vaccination or became sickly and even became disabled after the jabs thus the low turnout before said order.
Zaragoza said that the court might decide on the matter soonest.
