POLICE POWER VS DUE PROCESS OF LAW

LEO ROSWALD M. TUGONON

The recent issue now came after Public Attorney’s Office (PAO) Chief expressed her legal
view on the NO VAX NO RIDE policy. She said that is unconstitutional and discriminatory. Acosta
cited Republic Act 11525 which states that vaccine cards “shall not be considered an additional
mandatory requirement for educational, employment, and other similar government transaction
purposes.” “And yet they are circumventing. Lalabag nila ‘yung batas indirectly para mapiitan
kang magpabakuna. You need magpabakuna para pasakayin ka. Ano ‘yun pinupwersa,” But
justice secretary pointed out that the state has the power to regulate the movement of
unvaccinated persons if it deems that such regulation is in the interest of public health or public
safety. Justice Guevara may be invoking the police power and PAO Chief may be invoking the
due process of law. Let us now talk about these two.
Police power is one of the fundamental powers of the state. This is the power vested in
the Legislature by the Constitution to make, ordain, and establish all manner of wholesome and
reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to
the Constitution, for the good and welfare of the State and its subjects Police power is founded
on which our social system rests and has for its object the improvement of social and economic
conditions affecting the community. It depends on the security of the social order, life and
health of citizens, comfort and existence in a thickly populated community, enjoyment of social
life, and beneficial use of property.
But is it not subject to limitation? The constitution did not define the scope of the police
power, but it set forth limits to the exercise thereof and one of which is due process of law. It is
one of the basic limitations. As stated in section 1 of the 1987 Constitution, “ No person shall be
deprived of life, liberty or property without due process of law, nor shall be denied the equal
protection of the laws. NO VAX NO RIDE, NO VAX CARD NO ENTRY. Is it not a curtailment of
liberty without due process? True there is police power, for safety and health, but if it infringes
due process and equal protection, simply means the exercise of which is a violation. In fact RA
11525 is a legislative act and could be said a valid exercise of police power. However, the law
clearly stated that vaccination card is not mandatory, and it indeed sets the limitation.
This issue needs to be settled once and for all, and only when a case is filed in court that
the issue will be resolved.