On the exemptions under the “No Vaxx, No Ride” policy in public transport in NCR

Wazzup Pilipinas!?

Allow us to respectfully clarify matters pertaining to the exemptions provided in the “no vaccination, no ride/entry” policy of the Department of Transportation (DOTr) on public transportation, which took effect on Monday, 17 January 2022.

Please note that giving exemption to essential workers is NOT A NEW PROTOCOL enforced after the policy’s pilot implementation. Prior to the full implementation of the “no vax, no ride” policy last Monday, the DOTr has repeatedly emphasized the exemptions through its Department Order (DO) published in newspapers on 12 January and in our Press Releases, media announcements, and press conferences thereafter.

As clearly stated in the DO, those exempted from the “no vaccination, no ride” policy are the following:

• Persons with medical conditions that prevent their full COVID-19 vaccination as shown by a duly-signed medical certificate with the name and contact details of their doctor.

• Persons who will buy essential goods and services, such as but not limited to food, water, medicine, medical devices, public utilities, energy, WORK, and medical and dental necessities, as shown by a duly issued barangay health pass or other proof to justify travel.

These exemptions provided in the DOTr policy are in line with the IATF Guidelines on those who are allowed to work in essential industries under Alert Level 3.

Even before its full implementation, the DOTr has also cascaded this information towards enforcers on the ground. Together with other concerned agencies, such as the Land Transportation Office (LTO), Inter-Agency Council for Traffic (I-ACT), Land Transportation Franchising and Regulatory Board (LTFRB), Philippine Coast Guard (PCG), PNP Highway Patrol Group (HPG), and NCR Police Office (NCRPO), the exemptions under the DO are continuously reiterated during their daily formation and deployment.

While the policy will only take effect as Metro Manila is on Alert Level 3 (or higher), we sincerely apologize for the inconvenience this may cause to the riding public.

This policy is not anti-poor. This was made to protect all – both the vaccinated and the unvaccinated – to safeguard the most vulnerable, unburden our healthcare system, and give our exhausted medical workers some space to breathe. Hence, we dispel various misinformation that has muddled up the message. It is important to note that medical experts have warned that severe COVID-19 infections caused by non-vaccination result in an overwhelming of cases of hospitalization. It creates more inconvenience, and it is even riskier if unvaccinated individuals will contract severe COVID-19 infections or even fatalities, particularly amid the Omicron variant now infecting Filipinos at an alarming rate.

The policy is also in furtherance of our mandate to provide a safe public transport system for the Filipino people. We should consider that if there is a surge of virus transmission in public transportation, we will be forced to shut it down. And the most affected will be those in the lower-income bracket who compose most public transportation users.

Moving forward, rest assured that the DOTr will continue to formulate other ways to convince people to get vaccinated. In the coming weeks, we are poised to revive our vaccination drive for transport workers titled "TsuperHero: Kasangga ng Resbakuna." To recall, this program aimed to inoculate thousands of drivers, conductors of public utility vehicles (PUVs), and other transport workers was launched at the Paranaque Integrated Terminal Exchange (PITX) on 31 July 2021.

On those who continue to question the legal basis of the "no vax, no ride" policy, it should also be clear that the DOTr is only implementing the ordinances issued by all local government units in Metro Manila, which are all in line with the Metr Manila Council (MMC) Resolution for unvaccinated individuals. The Resolution, which is likewise in line with the Resolution of the IATF, prohibits unvaccinated individuals from boarding public transport. This MMC Resolution was approved and signed by all Metro Manila Mayors and the Metro Manila Development Authority (MMDA), and is strongly supported by the IATF.

Similarly, the Department of Justice (DOJ) made it clear in its legal opinion that the Resolution from the MMDA and MMC with its corresponding LGU ordinances is a valid exercise of police power under the Local Government Code. Considering that the DOTr's order implements these ordinances, then the same is likewise legally valid.

Lastly, the DOTr echoes the statement of Justice Secretary Menardo Guevarra—- "The state has the power to regulate the movement of unvaccinated persons if it deems that such regulation is in the interest of public health or public safety.”

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