ELECTIVE

(ADVANCE CONSTITUTIONAL LAW SEMINAR)

CONSTITUTIONALITY OF MEMORANDUM ORDER 98

OFFICE OF THE GOVERNOR

Memorandum Order no. 98 series of 2021

Provincial Governor Damian Mercado issued memorandum order 98 dated October 25,
2021 with a subject of COVID-19 advisory, states that “ In all government o ces are hereby
advice to strictly secure themselves and all persons to present their full vaccination card in
entering government o ces in the facilitation of their government transactions or dealings such
as but not limited to: applications for securing permits, clearances, certi cations,
endorsements, and all other related government processes e ective this October 25, 2021.”

What is Police Power?

Police power is an inherent power of the State to promote the welfare of society by
restraining and regulating the use of liberty and property.

Justi cation of existence under “Salus populi est suprema lex-the welfare of the people is the
supreme law;”

Police power has been characterized as “ the most essential, insistent and the least
limitable of powers, extending as it does to all the great public needs.” Negatively, it has been
de ned as “that inherent and plenary power in the State which enables it to prohibit all that is
hurtful to the comfort, safety, and welfare of society.” Ermita-Malate Hotel and Motel Operators
Association Inc. v. Mayor of Manila, L-24693, July 31, 1967.

What is the scope of police power?

Police power rests upon public necessity and upon the right of the State and of the
public to self-protection. For this reason, its scope expands and contracts with changing
needs. Churchill v. Ra erty, 32 Phil. 580, 602-603 (1915).

a. Cannot be bargained away through the medium of a treaty or contract.

b. May use taxing power as its implement.

c. May use eminent domain as its implement

d. Could be given retroactive e ect and may reasonably impair vested rights or contracts

e. Dynamic, not static, and must move with the moving society it is supposed to regulate.

Who exercises police power?

The national government, through the legislative department, exercises police power.
But police power is also delegated, within limits, to President, administrative boards, to local
governments.

Limitations of police power when exercised by delegate

• Express grant by law

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 • Within territorial limits

• Must not be contrary to constitution or any statute

• Must not be unfair and oppressive

• Must not be partial and discriminatory

• Must not prohibit, but may regulate

• must not be unreasonable

• Must be general in application and consistent with public policy

Local government units act under the constitutional pillar that is subsidiarity, like any
part of government, LGU can only act within the limits of the Constitution and existing laws,
and for the purpose of furthering the general welfare clause, of which a variation is found in the
Local Government Code (Section 16): “Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its e cient and e ective governance, and those which are
essential to the promotion of the general welfare.”

The local government unit’s ability to act through the police powers of the. But this
comes with severe limitations. One is that under our system of government, the police powers
are reserved to the National Government, particularly to the legislative branch, the enactments
of which are left for the Executive Branch implement. Local government units can so exercise
police powers but only as delegated to it by the Constitution and by Congress. Many of such
delegations are found in the Local Government Code.

The supreme Court described such as “means employed are reasonably necessary for
the accomplishment of the purpose and not unduly oppressive on individuals. “Such must also
not violate the Constitution, i.e., must not violate due process and equal protection, as well as
constitutionally provided rights.

Incidentally, to compel vaccination or discriminate against the unvaccinated, particularly

if prevents access to business, employment, or property, can be considered a form of “taking”
and thus constitutes an unlawful exercise of the power of eminent domain.

In the case of LGUs, eminent domain can only be exercised under limited conditions,
as follows: “A local government unit may, through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the
bene t of the Constitution and pertinent laws. “Consequently therefore, any o cial violating the
foregoing provision of the Local Government Code could entail criminal, civil, and
administrative liability on his/her part.”

Absence of Congressional Delegation

At present, no law authorizes the LGUs to impose mandatory vaccination. In relation to

the pandemic, governors and mayors merely have the power to procure without public bidding
(Secs.366 and 368, Local Government Code), to carry out emergency measures (Secs.444 and
465), and promote general welfare and health (Sec.16).

R.A. 11525

On February 26, 2021 a law was passed entitled “AN ACT ESTABLISHING THE
CORONAVIRUS DISEASE 2019 VACCINATION PROGRAM EXPEDITING THE VACCINE
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 PROCUREMENT AND ADMINISTRATION PROCESS, PROVIDING FUNDS THEREFOR,AND
FOR OTHER PURPOSES” or “ COVID-19 Vaccination Program Act of 2021.”

Under section 2, paragraph c) provides “recognize the experimental nature of COVID-19

vaccines available in the market and compensate any serious adverse e ects (SAEs) arising
from the use of COVID-19 vaccine, experienced by people inoculated through the COVID-19
Vaccination Program; “

Under section 8, Immunity from Liability.-Notwithstanding any law to the contrary,

public o cials and employees, contractors, manufacturers, volunteers, and representatives of
duly authorized private entities who are duly authorized to carry out and are actually carrying
out the COVID-19 vaccination Program shall be immune from suit and liability under Philippine
laws with respect to all claims arising out of, related to, or resulting from the administration or
use of a COVID-19 vaccine under the COVID-19 Vaccination Program except arising from
willful misconduct and gross negligence.

Under section 12, COVID-19 Vaccine Card. - Subject to the provisions of republic Act
No. 10173 or the “Data Privacy Act of 2012”, the DOH shall issue a vaccine card to all persons
vaccinated. To fast track the process, the DOH may delegate the processing and issuance of
vaccine cards to LGUs and private entities, subject to guidelines to the promulgated by the
DOH. The vaccine card shall contain the following . . . provided, further, That the vaccine cards
shall not be considered as an additional mandatory requirement for educational, employment
and other similar government transaction purposes.

Individuals vaccinated against COVID-19 as indicated in he vaccine card shall not be

considered immune from COVID-19, unless otherwise and consensus.

ARTICLE XIII
Social Justice and Human Rights

Section 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities by equitably di using wealth and political
power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

ARTICLE II
Declaration of Principles and State Policies

Section 6. The separation of church and state be inviolable.

Religious beliefs on Covid-19 vaccines

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 Some Christians and other people of faith opposed and do believe that the Covid-19
vaccines are the signals an allegiance to satan in the implementation of the MARK OF THE
BEAST. As stated in the New Testament ’s book of Revelation as eternal salvation is at stake.
Many prophets predicted long ago that Christian faith are tested, which is already happening
using the virus to implement the conspiracy to attack Christian believers. And if this continue
the next move is digital money, digital tracking, digital ID’s which is already in Sweden which
10% of the population are inserted with microchip in their right hand.

Revelation 13: 16-18;” And he causeth all, both small and great, rich and poor, free and bond,
to receive a mark in their right hand, or in their foreheads: And that no man might buy or sell,
save he that had the mark, or the name of the beast, or the number of his name.Here is
wisdom.Let him that hath understanding count the number of the beast: for it is the number of
a man; and his number is Six hundred threescore and six.”

According to the Bible scholars, the MARK OF THE BEAST link to the Bill Gates Foundation, in
his TED talk in 2015, he warned of the potentially staggering death toll a worldwide pandemic
could create, Rockefeller foundation, World Health Organization, Rothschild foundation, China,
etc. Revelation Chapter 12” Satan will work through a leader….it deceived the inhabitants of
the earth”. 2Thessalonians 2:4.” 2)He will force everyone to comply with his demand to worship
an image of the antichrist and satan and to take a mark signifying allegiance to their regime.”

Lets look at the pattern : no Face Mask, no Entry; no QR code, no Entry; no Face Shield,
no Entry, now no Vaccine, no Entry; later on no Microchip, no Entry.

The no vaccine , no entry policy of the Memorandum order 98 clear unfair and
oppressive to the believers of God.

ARTICLE III
Bill of Rights

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

WHAT IS PROHIBITED DIRECTLY IS PROHIBITED INDIRECTLY

The memorandum order 98 of Governor Mercado which prohibits to enter or transact in

government o ces says indirectly to mandatory vaccination which is contrary to the existing
law R.A. 11525 Covid-19 Vaccination Act, as vaccine cards are additional mandatory
requirement for educational, employment and other similar government transactions purposes.

With the existing law R.A. 11525 clearly shows that there is a violation in contrary to section 12
which provides ..”That the vaccine cards shall not be considered as an additional mandatory
requirement for educational, employment and other similar government transaction purposes.”
Issuance of the memorandum order would amount to mandatory vaccination prohibited in R.A.
11525.

Health Aspect
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 There is no provision as to the exemption in the no vaccine , no entry of memorandum
order.

Under RA 11525 section 2, paragraph c) provides “recognize the experimental nature of

COVID-19 vaccines available in the market and compensate any serious adverse e ects (SAEs)
arising from the use of COVID-19 vaccine, experienced by people inoculated through the
COVID-19 Vaccination Program; “

Section 10. COVID-19 National Vaccine Indemnity Fund-The COVID-19 National

Vaccine Indemnity Fund, which shall be administered by the PhilHealth, is hereby established
as a trust fund to compensate any person inoculated through the COVID-19 Vaccination
Program, in case of death, permanent disability or hospital con nement for any SAEs:
Provided, that in case of death and permanent disability, PhilHealth is hereby authorized to pay
compensation from the indemnity fund.

People with heath conditions

Q: What could be the long term e ect to persons with?

G6PD

Heart Problems

Leukemia

Other rare health conditions

Covid-19 Vaccine e ectivity

AstraZeneca (80.6%-95%)

Sinovac CoronaVac (65%-91%)

Gamaleya Sputnik V (91.6%-95.2%)

Jansen (73.4%-95%)

Bharat BioTech (82.7%-95%)

P zer-BioNTech (95%-97.6%)

Moderna (89.3%-96.8%)

Reported complications due to vaccination

Blood clotting: AstraZeneca - for VITT based on UK study, killed 49 of the 220 people who
were diagnosed with the condition from March 22-June 6, 2021.

Johnson & Johnson’s - early April, the government of USA recommended pausing the
company’s vaccine after 6 women who received it developed rare blood clots and 1 woman
died.Dr. Chun says.”Close to 20% of Covid-19 patients in the ICU develop blood clots.”

Other brand with similar side e ects.

Other symptoms: Severe headache,Backache, New neurologic symptoms, Severe abdominal

pain, Shortness of breath, Leg swelling, Tiny red spots on the skin, Easy bruising.

Unreported deaths due to vaccination

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 Many vaccinated individual in the province and the world who died after the vaccination
which vaccine have major reaction to the genetics and their body physiology.

Under section 8, Immunity from Liability.-Notwithstanding any law to the contrary,

public o cials and employees, contractors, manufacturers, volunteers, and representatives of
duly authorized private entities who are duly authorized to carry out and are actually carrying
out the COVID-19 vaccination Program shall be immune from suit and liability under Philippine
laws with respect to all claims arising out of, related to, or resulting from the administration or
use of a COVID-19 vaccine under the COVID-19 Vaccination Program except arising from
willful misconduct and gross negligence.

Q: Why vaccinated people need to sign-up waivers, if the vaccines are safe?

Covid-19 Statistics Philippines as of Nov. 7,2021

Total Cases: 2.81M ,Deaths: 44,521?, Recovery: 2.76M

Overall = 1.58%

World

Total Cases: 250M, Deaths: 5.06M?, Recovery:245M

Overall= 2.02%

WHO: As of December 2019-January 2020 ”Corona Virus is non contagious.”

WHO: As of March 2021” COVID-19 Vaccines are safe, and getting vaccinated will help protect
you against developing severe Covid-19 disease.”

Q: Should we trust WHO? Really?

Q: Why should it be mandatory when the risk is high and without any exemptions?
Q: Is the M.O. violate our right to health?
Q: is our right to religion violated?

Is Memorandum Order 98 of Gov. Mercado in accordance with the law?

Sources:

1987 Constitution

Local government Code

The Holy Bible

https://www.bworldonline.com

yalemedicine.org

Al Jazeera

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