University of the East–Manila

College of Arts and Sciences

2nd yr. 1st Sem A.Y. 2021-2022

Alpino, John Harvey P. 20th of August 2021

LM3A ALM 2101

MANDATORY COVID-19 VACCINATION; A VALID EXERCISE OF POLICE POWER?

Yes, the mandatory vaccination in workplace is valid exercise of police power. Under the
Department of Labor and Employment Advisory No.3 Series of 2021, this policy is necessary for
the accomplishment of the purpose of lessening the COVID health cases and it’s stated that it is
“part of their occupational safety and health program” that ensures that it’s not unduly oppressive
on some individuals but for general warfare and to yield the safety of greater number during the
pandemic.

Personally, if it would go on sufficient standard test, it would pass because the policy may
interfere with personal liberty of individuals who were working presently in the health crisis,
however Labor Advisory No.3 is for the solely purpose of public health and safety. Under the case
decided by Supreme Court the proper regulation of profession, calling or trade is a valid exercise
particularly when their conduct affects either the execution of legitimate governmental functions,
the preservation of the State, the public health and welfare and public morals (JMM Promotion
and Management, Inc. v. CA). Also, the Supreme Court was persuaded that prevailing conditions
indeed call for a state to prohibit all things hurtful to the comfort, safety, and welfare of society
(Philippine Association of Service Exporters, Inc. vs. Drilon), and I believed that condition we are
up to is stated under the Section 2 of R.A. 11469 (Bayanihan as One Act) that we are in state of
public health emergency throughout the Philippines due to COVID-19, thus it supports the former.

Moreover, I agree to Justice Panganiban that there are some parts in the policy that must
undergo into some modifications. And the determination as to what is a proper exercise of its
police power is not final or conclusive, but is subject to the supervision of the courts (Balaquit v.
CFI Agusan Del Norte) thus, the certain policy meets certain limitations and needs to be modified
on the following: (1) in terms of vaccination at work the employers will be the one who must
manage the vaccination program for their employees (2) the specification of works must be
expressly stated on the policy; if a persons was categorized as “frontliners”

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and workers who has direct contact on a person (3) it must also state the nature and extent of the
prohibition against discrimination.

All in all, I agree that the exercise of police power is valid for its solely purpose on public
health and safety. And it’s clinically proven and supported by the World Health Organization that
having a covid vaccine means that your “less likely to be infected but not immune” also, it prevents
the severe symptoms come into your body. Lastly, for my personal choice about vaccination, I
think I would rather be vaccinated that has a low to none chance of being infected by virus than
a person who doubts it’s effectivity and spreading contagious disease to your loved ones and
colleagues.

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