Senator Francis Tolentino backs DOTr’s ‘no vaccination, no ride’ policy; says policy is legal, contained in laws and franchises of public utility vehicles

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Senator Francis Tolentino, who formerly served as chairman of the Metropolitan Manila Development Authority (MMDA), expressed support for the “no vaccination, no ride” policy that has become fully effective in Metro Manila starting today, Monday, 17 January 2022.

In an interview on 15 January 2022 which was later posted in Senator Tolentino’s Facebook page, the solon said “there is no issue” in the DOTr Department Order signed by Transportation Secretary Art Tugade which bars people unvaccinated against COVID-19 from boarding public utility vehicles going out, inside and within Metro Manila. The DO was issued by the DOTr in response to the recent uptick in COVID-19 cases in the metropolis, and the Metro Manila Council and MMDA Resolution, as well as ordinances issued by local government ordinances, prohibiting unvaccinated peopl from using public transport.

“Wala po akong nakikitang issue dito sa panukala ng DOTr,” said Senator Tolentino.

A lawyer by profession, Sen. Tolentino said the DOTr DO is rooted in the Constitution of the Philippines, which states that the state has the right to protect the health of the people.

“Sa ating Saligang Batas, nakalagay doon na karapatan ng estado ang protektahan ang kalusugan ng mamamayan. So pasok po ‘yun doon,” he said.

Sen. Tolentino added that the DOTr department order is also anchored on Proclamation 922 which was signed by President Rodrigo Duterte on March 8, 2020. Proclamation 922 placed the entire Philippines under a state of public health emergency.

Tolentino added that the franchise to operate given by the government to operators of public utility vehicles (PUVs) is not a right, but a privilege subject to laws. These laws he said, include the Constitution and Proclamation 922.

“‘Yun pong operator, ‘yung pong nagpapasada, ibig sabihin po, meron kayong prangkisa. ‘Yung prangkisa po ay hindi isang karapatan, kundi isang pribiliheyo. At bilang isang pribiliheyo, nakaangkop po sa prangkisa ang mga batas na angkop sa ating sitwasyon,” he said.

Sen. Tolentino said that as franchise holder, PUV operators must uphold laws which concern the health of the people, such as the local ordinances passed by local government units (LGUs) restricting the movements of people unvaccinated against COVID-19.

According to Tolentino, as franchise holders, PUV operators must help enforce the “no vaccination, no ride” policy as laws supporting it were already passed by a majority of local government units in Metro Manila where they have operating routes.

“So dahil po ang DOTr department order ay para sa NCR po lamang, pasok din po ang mga ordinansa ng mg LGUs, doon sa mga ibinigay sa inyong mga prangkisa. So ibig sabihin po, bilang isang franchise holder, katungkulan ninyo na ipatupad ang Saligang Batas, ang Presidential Proclamation 922. At katungkulan nyo rin po na ipatupad ang mga ordinansa ng mga lugar na kung saan meron kayong mga ruta, at eto nga po yung mga ordinansa ng mga pamahalaang lokal ng National Capital Region na limitado ang paglabas ng mga hindi bakunado,” he said.

“Kahit na isyuhan kayo ng prangkisa noong 2019 pa, napaloob po rin yun din doon. Kasi yung prangkisa n’yo po, kasama po dapat ang batas. Halos lahat po ng NCR LGUs, ay may mga ordinansa, na bawal, limitado ang paglabas. Kaya lahat po ‘yan ay legal,” Tolentino added.

Meanwhile, Tolentino added that he sees no discrimination in the enforcement of the “no vaccination, no ride” policy in Metro Manila.

To recall, Tolentino was the one who introduced the anti-discriminatory amendment during the Senate deliberations on Republic Act 11525 or the law that establishes the COVID-19 vaccination program. The Tolentino amendment of the law safeguards students, regular employees, overseas Filipino workers, and others from discrimination resulting from their non-vaccination against COVID-19.

Tolentino said there is no discrimination in the enforcement of the “no vaccination, no ride policy” as unvaccinated persons who will be barred from availing of public transportation are still given options.

“Wala pong diskriminasyon sa pagpapatupad ng batas dahil ipapatupad po ito sa lahat, at tungkol naman po sa issue ng freedom of mobility, hindi naman po totally o absolute ang pagpigil doon sa hindi bakunado,” he said.

“Sa aking pananaw, ang diskriminasyon ay kapag wala nang option yung tao na sinasabing na discriminate. Dito po may option. Pwede naman pong lumabas ang bibili ng essential items. Pwede rin pong lumabas gamit ang pribadong sasakyan. At pwede rin pong lumabas yung may mga medical reasons, halimbawa po, yung pupunta ng ospital, ” he added.

Senator Grace Poe, Samar Rep. Edgar Sarmiento as well as the Private Hospitals Association of the Philippines (PHAP) and various transport groups have also expressed their support for the DOTr order.

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