Rodrigo Duterte

Confused Duterte rejects indemnity for vaccine makers after signing it into law

Pia Ranada

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Confused Duterte rejects indemnity for vaccine makers after signing it into law

CONFUSED? President Rodrigo Duterte presides over a meeting with the Inter-Agency Task Force on the Emerging Infectious Diseases core members prior to his talk to the people at the Malacañang Golf Clubhouse.

Photo by Malacañang

The President even rejects the concept of tripartite agreements, the type of deal devised by his pandemic task force to facilitate vaccine orders by private companies and local governments
Confused Duterte rejects indemnity for vaccine makers after signing it into law

President Rodrigo Duterte appeared confused and out of the loop on Monday night, March 22, as he spoke at length about how he refuses to provide indemnity to vaccine makers because such power rests only with Congress.

He seems to have forgotten that a month ago, he had already signed a bill ratified by Congress that provides that indemnity and even creates a fund for it. The indemnity, however, does not cover adverse effects resulting from willful misconduct or gross negligence.

“The government cannot guarantee, much less give you an immune status that you are freed of any and all liability. It’s too much. I think we cannot even do that even if we wanted to, assuming liability for the stuff bought by the provinces – tell them it cannot be,” Duterte told vaccine czar Carlito Galvez Jr during a meeting at the Malacañang Golf Clubhouse.

Confused Duterte rejects indemnity for vaccine makers after signing it into law

But the COVID-19 Vaccination Program Act of 2021 (Republic Act No. 11525), which Duterte signed on February 26, expressly states that manufacturers “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…except arising from willful misconduct and gross negligence.”

Not only had Duterte signed the law with this clause, he had certified it as urgent because an indemnification clause had been required by vaccine makers like Pfizer, and the government was rushing to finalize such deals.

On Monday, Duterte also said he has a problem with private companies and local governments buying vaccines but government assuming liability for them.

Ang gusto ng manufacturers, ang gobyerno, ang private sector magbili, ang gobyerno mag-assume ng liaiblity. Hindi ho p’wede ‘yung ganoon,” said the Philippine leader.

(What the manufacturers want is the private sector will buy, but the government will assume liability. That cannot be.)

Eh kung masira ‘yan, apektado (If it spoils), mishandling, whatever, there’s a host of reasons there…. As a lawyer, I think it’s not possible,” said Duterte.

However, that is precisely the concept of the tripartite agreement devised by Galvez and other pandemic task force officials.

In this type of deal, the government is involved in the orders by private companies of vaccines from pharmaceutical firms because the firms need the assurance that they will be immune from suit, a burden that only the national government can carry.

Galvez had in fact been explaining this very concept to Duterte before the President gave his position on indemnification.

Galvez has also repeatedly mentioned tripartite deals in almost every weekly meeting with the President, often highlighting how this type of contract is an innovation that is speeding up the government’s vaccination campaign and is even being adopted by other countries.

Duterte: Government can’t pay

But that’s not all that was bugging Duterte. The President also rejected the idea of the government paying for whatever adverse effects COVID-19 vaccines might have. This, despite the fact that the indemnification bill he signed into law also created a P500-million indemnity fund precisely for this purpose.

Gobyerno magbayad? I do not think that it will be legal. Sabihin mo sa kanila. It’s illegal for us to do that. Ang makagawa lang niyan is Congress, wala nang iba,” Duterte told Galvez.

(The government will pay? I do not think that it will be legal. Tell them. It’s illegal for us to do that. Only Congress can do that, no other.)

The law gives Duterte the power to terminate the fund.

During Duterte’s entire monologue about his stance on indemnification, Galvez appeared silent. However, only portions of the meeting were aired. It is not clear if Galvez responded to Duterte afterwards.

The topic of indemnification came about when Duterte asked Galvez to explain to the public why private companies cannot buy COVID-19 vaccines on their own.

This was the clamor of many business groups who said that the country’s vaccination pace would go much faster if they were allowed to directly buy vaccines.

Galvez had been saying that private groups are allowed to directly purchase vaccines as long as they involve the government in the arrangement and sign a tripartite deal.

The government has to be involved, he said, because all COVID-19 vaccines are covered only by emergency use authorization (as opposed to market or commercial use authorization), which requires indemnity for vaccine makers. – Rappler.com

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Pia Ranada

Pia Ranada is Rappler’s Community Lead, in charge of linking our journalism with communities for impact.