THEME: ANY PREVAILING CURRENT ISSUE OF NATIONAL INTEREST INVOLVING

CONSTITUTIONAL QUESTION

TITLE: THE VACCINE HUMAN CHALLENGE

INTRODUCTION:

“Vaccines” - the sign of end times, are now available to combat the global outbreak
caused by this novel strain of coronavirus. Vaccines are intended to kill microorganism to human
body to prevent and generate an immune response to the diseases. 1 These are living products
approved and regulated by Food and Drugs Administration under Section 351 of the Public
Health Service Act which provides general approval of the biologics. 2 And to disclose the
stability of these vaccines, section 505(d) of the FD&C Act provides that a product to be safe and
effective must define “substantial evidence” to mean “adequately and well-controlled
investigations based on which qualified scientific experts could fairly and responsibly conclude
that the product has the purported effect.” 3 The quality and quantity of these vaccines has proven
its effectivity.4 Hence, the source of worry for others has come to end for the long wait is over on
the milestone of this coronavirus crisis. Thus, shots will start rolling within the coming days.

The question is: Are we ready?

ARGUMENT:

Our government mandates compulsory vaccination exercising the police power to

achieve herd immunity.5 This was referred to the Supreme Court decision of Jacobson v.
Massachusetts in which the court upheld a state's smallpox vaccine mandate, holding that "A
community has the right to protect itself against an epidemic of disease which threatens the
safety of its members."6 The existing health protocols that our government has implemented like
social distancing, hand washing, and wearing of masks cannot cope up with the pandemic but
believing that the best way to stop the virus spread is to develop enough immunity through
vaccination. Trusting that this will save the lives of many and lessen the impact of the COVID-
19 pandemic which kills hundreds and thousands of people. This duty and aim of the government
stated in Article II, section 4 & 5 of the 1987 Constitution.

These vaccination mandates are facing legal challenges as to the protection of individual
rights wherein Courts have recognized few rights-based constraints on the ability to impose
mandatory vaccination requirements such as liberty interest, discrimination and equal protection
has questioned.9

Despite of this universal order, the recent legal challenges on vaccination survived.
Thus, the law provides constitutional jurisprudence which evolved substantially from Jacobson
and Zucht cases, the courts have continued rely on these to reject due process and equal
protection claims against the mandates, giving considerable deference to the government to the
use of their police power to require immunizations to protect public health.10

CRITIQUE:
 According to President Rodrigo R. Duterte on his talk to the nation address that the first
to receive the vaccine are the front liners, police, army, and those who belong in the low-income
households or the 4Ps beneficiaries. 7 These people feel a bit risky, they are reluctant to get
immunized despite of the government’s protective measures knowing of what it could really
bring to the body because report reveals of its side effects. Many are reluctant to have them
immunize due to the safety of the vaccines. The universal program which mandates our
government to provide vaccine to all the Filipino give some insights that might result to inhuman
or degrading treatment that will deprive the liberty. As Attorney Jerry Konkel believed, people
should be aware that their legal rights are limited if the vaccine somehow harms them.” 8 This
understanding made everyone worried and nervous. Presently, our government is silent when it
comes to legal liability regarding of what this new vaccine could bring.

CONCLUSION:

Ending this pandemic depends upon it. Applying its authority in the context of public
health regulation, this vaccine mandates has been actively supported by the Filipinos for its first-
time experience. Though risky but fostering the hope could end the situation we are facing right
now. The big real evidence is that our local governments are willing and ready to get vaccinated
and will support people’s need. The successful roll-out of novel COVID-19 vaccines will require
time, communication, and trust. Thus, equal protection of right has exercised in the “No Filipino
No Left Behind Covid-19 Vaccines.”

BIBLIOGRAPHY
1
Vaccines: The Basics, CTRS. FOR DISEASE CONTROL & PREVENTION,
https://www.cdc.gov/vaccines/vpd/vpd-vacbasics.html (last updated Mar. 14, 2012); Understanding
How Vaccines Work, CTRS. FOR DISEASE CONTROL & PREVENTION,
https://www.cdc.gov/vaccines/hcp/conversations/understanding-vacc-work.html (last updated Aug. 17,
2018).

2
Vaccine Product Approval Process, U.S. FOOD & DRUG ADMIN., https://www.fda.gov/vaccinesblood-
biologics/development-approval-process-cber/vaccine-product-approval-process (last updated Jan. 30,
2018) [hereinafter FDA Vaccine Approval Process].

3
U.S. FOOD & DRUG ADMIN., DEMONSTRATING SUBSTANTIAL EVIDENCE OF EFFECTIVENESS FOR
HUMAN DRUG AND BIOLOGICAL PRODUCTS: DRAFT GUIDANCE FOR INDUSTRY 3 (Dec. 2019),
https://www.fda.gov/media/133660/download [hereinafter DEMONSTRATING SUBSTANTIAL
EVIDENCE].

4
Id . at 5
5
COVID-19 Herd Immunity Threshold Could Be Lower, Study Finds, SCIENCE DAILY (June 23, 2020),
https://www.sciencedaily.com/releases/2020/06/200623111329.htm.

6
Jacobson v. Massachusetts, 197 U.S. 11, 39 (1905)

7
PTv News: Nov. 6, 2020
8
Melwaukee news
9
Zucht v. King
10
Commentators, for instance, have observed that the Supreme Court decided Jacobson and Zucht
See also Reno v. Flores, 507 U.S. 292, 301–02 (1993)