Baguio gov’t studies law on ‘discrimination vs unvaxxed’

By Jordan G. Habbiling

BAGUIO CITY -- The City Council urged the City Legal Office to study a proposed ordinance prohibiting acts of discrimination against unvaccinated individuals in the city. 
    During the council’s regular session Monday, Richard Dayag, city legal officer, said acts of discrimination and coercion should be clearly described in the proposed ordinance.
    Under the proposed ordinance authored by Councilor Mylen Yaranon, it shall be unlawful to discriminate against “vaccine-free” residents or to coerce them to get vaccinated.
    They shall be allowed to buy essential goods, access essential services, use public transport, and do outdoor activities within their properties. 
    Stressing Labor Advisory No. 03 Series of 2021 issued by the Dept. of Labor and Employment (DOLE), Yaranon said in the ordinance that people in the workplace must not be coerced to be vaccinated and those who have not received the jabs must not be discriminated against. 
    The city legal officer said the “vagueness” of the proposed ordinance may invite misinterpretation and may create confusion.
    “We have to determine the scope and coverage of ‘discrimination’ and ‘coercion.’ Otherwise, an ordinary person might not understand what they are violating,” he said. 
    Agreeing with Dayag, Councilor Betty Lourdes Tabanda raised the question whether prohibiting an unvaccinated individual from entering a business establishment is considered an act of discrimination.
    “The business owner only wants to protect their customers and employees. Is there a violation committed if a business establishment has a policy that only the vaccinated can enter?” Tabanda asked.
    “It is the right of the owner to choose who can and cannot enter their establishment. There are a few restaurants in the city that allow only vaccinated people. Should they be charged for discrimination?” she added.
    Tabanda said she was only expressing views that should be taken into account by the author to protect the ordinance from being assailed in terms of validity and legality. 
    Yaranon said there is no proof that only the unvaxxed can spread the virus, so they should not be at the receiving end of unjust treatments.
    The author of the ordinance claimed such acts are “divisive.”
    Councilor Benny Bomogao said there is no law yet that mandates private establishments to prohibit vaccine-free individuals from entering; thus, such act is without legal basis and, therefore, discriminatory.
    “We are creating apartheid here with regulations that have no legal and scientific bases,” Bomogao said.
    Backing Yaranon, he said the Vaccination Program Act of 2021 (RA 11525) stated that vaccinated individuals shall not be considered immune from Covid-19.
    "Both the vaccinated and the unvaccinated can be infected and can transmit the virus, so we are urging government agencies and the private sector not to discriminate against unvaccinated people,” Bomogao said.
    Councilor Fred Bagbagen said everything discussed by the council is a legal matter and should be studied thoroughly by the City Legal Office.