DATE: 26 January 2022

FOR: TYTY
Principal
ASD High School
Gahak, Kawit, Cavite

MADAM:

We write in connection with the request for provisional assistance of Mr. RR to our
district office regarding the mandatory RT-PCR test or COVID-19 antigen-test, allegedly
required by your office to your unvaccinated workers.

According to Mr. RR, he has a hypertension and was previously diagnosed with a heart
disease. For which reason, he has reservations in securing vaccination against COVID-19. Thus,
he has no COVID-19 vaccination card yet. Unfortunately, in lieu of the vaccination card, your
office is allegedly requiring him to present before he can work a negative RT-PCR test result or a
negative COVID-19 antigen-test result from a DOH accredited facility.

On behalf of Mr. RR, we would like to request that he be allowed to work without
requiring him to present either a vaccination card or an RT-PCR/antigen-test result in order for
him to be able to render the services required of him as a teacher. Refusal to do so is equivalent
to the curtailment of his rights to employment as well as to just and humane conditions of work
as he is neither given the alternative option of rendering work-from-home services; rather, he is
being required to utilize his leave of absences until such time that he obtains COVID-19
vaccination or is able to present a negative RT-PCR test result and/or a negative COVID-19
antigen-test result. At present, there is no law that requires any person to be vaccinated against
the COVID-19 virus. Hence, the choice to be vaccinated is left to one’s sole discretion, taking
primordial consideration his or her health and other medical conditions.

At the least, your office should reimburse the cost of such RT-PCR test/ COVID-19
antigen-test that you are requiring. Unfortunately, such is not the case in this instance and the
mandatory RT-PCR and/or COVID-19 antigen-test that your office is allegedly requiring is
too cumbersome on the part of Mr. RR. Clearly, such an obligation is tantamount to
requiring Mr. RR to undergo COVID-19 vaccination, which is an indirect circumvention of
Paragraph 2, Section 12 of Republic Act No. 11525, otherwise known as “COVID-19
Vaccination Program Act of 2021”, which states:

“xxx Provided, further, that the vaccine cards shall not be considered as
an additional mandatory requirement for educational, employment and
other similar government transaction purposes.” (emphasis supplied)
xxx”

We are hoping for your kind consideration and cooperation on the matter.

Very Respectfully Yours,

ATTY. LV