Manila Bulletin
Without a law, gov’t cannot restrict movement of unvaxxed persons or arrest them – CHR
The Commission on Human Rights (CHR) stated that arresting unvaccinated individuals who violate stay-at-home restrictions could be illegal and infringe upon human rights.
CHR spokesperson lawyer Jacqueline Ann de Guia emphasized that while the Constitution allows for the restriction of movement for public health, it requires a specific law to be enacted for such restrictions to be legal.
De Guia pointed out that there is currently no law that criminalizes being unvaccinated or that specifically allows for the curtailment of freedom of movement on this basis.
Consequently, any arrest made solely on the grounds of being unvaccinated and violating restrictions may be deemed illegal and a violation of constitutional rights and due process.
The CHR also reminded that warrantless arrests are only permissible under specific legal exceptions such as flagrante delicto or hot pursuit, which do not apply to simply being unvaccinated.
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The Commission on Human Rights (CHR) reminded barangay officials that compiling a list of unvaccinated residents must not infringe upon their right to privacy or restrict their access to essential goods and services.
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Local government units (LGUs) in Metro Manila need to enact their own ordinances to effectively implement restrictions on unvaccinated individuals, according to Justice Secretary Menardo Guevarra.
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Department of the Interior and Local Government (DILG) Secretary Eduardo Año stated that unvaccinated individuals have been complying with the order to stay indoors during the surge in COVID-19 cases.
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President Rodrigo Duterte ordered barangay captains to restrict the movement of unvaccinated individuals nationwide to curb the spread of COVID-19.
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Presidential aspirant and Senator Manny Pacquiao urged government agencies, including the DILG, PNP, and DOTr, to cease imposing restrictions on unvaccinated Filipinos.
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