Dispatch from Crame No. 1005:
Sen. Leila M. de Lima's 2nd Supplemental Dispatch on the Issue - Early and Unauthorized Vaccination of Public Officials

12/30/20

The more Harry Roque talks, the shadier this business of early vaccination gets.

This is what we know so far:

1) Duterte admitted to having been vaccinated already against COVID-19;

2) Army Chief Lt. Gen. Sobejana admitted that some members of the military were inoculated with still unregistered COVID-19 vaccine on orders from Duterte; and

3) Roque revealed that the Presidential Security Group (PSG) accepted COVID-19 vaccines as "donations" to be considered as "tokens" with small value.

First of all, the importation, distribution and transfer of any health product that is adulterated, UNREGISTERED or misbranded is prohibited under R.A. No. 9711, or the Food and Drug Administration Act of 2009.

Secondly, the dispensation of any pharmaceutical product by non-licensed pharmacists and outside outlets licensed by the FDA is prohibited under R.A. 10918, or the Philippine Pharmacy Act.

Thirdly, the illegal practice of medicine, including treatment or prescription of any remedy for any human disease, is punishable under R.A. No. 2382 or the Medical Act of 1959.

Finally, the jurisprudence on R.A. No. 3019 or the Anti-Graft and Corrupt Practices Act, does not measure the value of the gift or the occasion. In the case of Mendoza-Ong v. Sandiganbayan (2003), the Supreme Court said that Section 3(c) of R.A. No. 3019 "applies regardless of whether the gift's value is manifestly excessive or not, and regardless of the occasion. What is important here, in our view, is whether the gift is received in consideration for help given or to be given by the public officer."

It is already highly irresponsible for Duterte to simply accept being inoculated by a drug that has not been vetted by our own FDA. It becomes even more so when he ordered the administration of the illegal vaccine to the PSG and AFP senior officials, and perhaps even Cabinet officials.

What guarantee does he have that the vaccine was not laced with poison or other chemicals that would affect their performance of duty? Not only did he endanger himself, he endangered our national security by ordering senior military officials to receive the illegal vaccine without regard to its side effects, or even its actual contents.

How stupid can he be to allow the introduction of an untested substance in his person just on an alleged "donor's" say-so?

Contrary to what Roque peddles, the illegal COVID vaccines "gifted" to the President and senior military officials are not simply "tokens of small value". They are coveted illegal contrabands smuggled into our country contrary to our laws. Duterte's acceptance makes him party to said unlawful activities.

Ang lakas ng loob ni Duterte at Roque sabihin paulit-ulit na abogado sila pero hindi nila masunod kahit ang pinakasimple at malinaw na batas. Ilegal na nga yung regalo, tinanggap pa nila. Malamang tatanaw pa sila ng utang ng loob doon sa kung sino mang criminal ang nagbigay sa kanila.

May "Heal as One" pa silang nalalaman, pero makauna lang sila sa bakuna, kahit labag sa batas, gagawin nila.

Malinaw na wala ng pakialam sa batas ang Malacañang. Kung ganoon na rin lang, ay puwede na silang patalsikin sa puwesto, dahil batas din lang ang nag-upo sa kanila diyan sa Malacañang.

This is the legacy of Duterte: the destruction of the rule of law and the brazen imposition of one-man rule. This is already a coup on the Constitution, and Duterte, his generals, and sycophant cabinet officials are nothing more than usurpers of legitimate state power. ###

(Access the handwritten version of Dispatch from Crame No. 1005, here: https://issuu.com/senatorleilam.delima/docs/dispatch_1005)