City Hall lawyers say vaccine sharing ‘not prohibited’

By Joseph B.A. Marzan

Coronavirus disease 2019 (COVID-19) vaccines donated by the Iloilo City Government to neighboring local government units (LGUs) are in accordance with the law, members of the City Legal Office (CLO) said Tuesday.

Iloilo City Mayor Jerry Treñas confirmed to Daily Guardian last week that they delivered 500 to 1,000 doses of AstraZeneca vaccines to local government units of the Metro Iloilo-Guimaras Economic Development Council (MIGEDC).

MIGEDC towns include the towns of Cabatuan, Leganes, Oton, Pavia, San Miguel, and Santa Barbara in Iloilo, and Guimaras province.

While Treñas received thanks and praises from the leaders of these towns, certain quarters questioned the move.

He responded in a statement released on Oct. 15, 2021, saying that if it is proven that he violated the law, he is willing to be jailed just to help save lives from the pandemic.

“If there is anything illegal in this desire of the city to help our neighboring municipalities and Guimaras by donating some of our vaccines to save lives, then I am ready to go to jail. Public service is helping one another, doing our best to give protection to our fellow Ilonggos. If I am not allowed to do it under the law, if I have done something illegal, if I have done something immoral, then so be it. I submit myself to our authorities so that I will be brought to jail,” the mayor said.

Treñas also told Daily Guardian via Viber on Tuesday that MIGEDC members, as well as the towns of Barotac Viejo and Leon in Iloilo, have been requesting the city government to provide additional vaccines to their areas.

CLO lawyers explained to Daily Guardian via Zoom that the city government’s “vaccine-sharing” efforts were legal.

Atty. Fydah Sabando said the city’s vaccine procurement is governed by Republic Act No. 11525 (COVID-19 Vaccination Program Act of 2021), which allowed LGUs to procure vaccines apart from the national government’s procurements.

“Per [Republic Act No. 11525], the LGU will procure, and needs concurrence of the [National Task Force on COVID-19] and the [Department of Health]. When the city government entered into the procurement of the 600,000 doses of the AstraZeneca [vaccine], it was basically laid out and entered into on that legal basis,” Sabando explained.

Atty. Peter Jason Millare said the law’s intent of a “whole-of-nation approach” in scaling up COVID-19 vaccinations would mean that the law would encourage sharing of doses.

Millare added that the city government can share its doses with other local government units (LGUs) as the law did not expressly prohibit such act.

He also cited the city’s vaccination record and its status as the regional center of Western Visayas where many non-residents are employed.

Section 6 of RA 11525 expressly states a different manner of procurement process by only requiring the posting in “conspicuous” or visible places and in the online portal of the Government Procurement Policy Board the following information:

• Approved budget of the contract;
• Name and details of the COVID-19 vaccine or ancillary service or supplies;
• Name of the supplier, manufacturer, or distributor; and
• Amount of contract as awarded.

“RA 11525 has laid out a whole-of-nation approach, which would actually encourage vaccine sharing out of that. Given that there is no express prohibition, it is deemed actually allowed. When you look at it, there is no evil in giving equal opportunities for those residents living outside Iloilo City,” Millare said.

Sabando added that Treñas’ push for additional vaccines in the previous months also encouraged the city government to share its vaccines with other towns since the national government also increased its allocation to the city, apart from private sector donations.

While the city government is barred from disclosing the terms of the AstraZeneca vaccine procurement deal, Sabando she cited that the agreement only prohibits the sale or commercial use of the vaccines.

“During the past few months, the mayor had been very vocal and persistent in trying to request for more vaccine allocation for Iloilo City. This is all unprecedented, so when the 600,000 doses were secured for AstraZeneca alone, it wasn’t really thought of, that the national government would allocate vaccines that quickly, which did happen recently. Allocation of Pfizer and Moderna vaccines have increased, and that is because the mayor echoed other LGUs’ requests for more vaccines,” Sabando said.

Department of Health-Western Visayas Center for Health Development (DOH-WV CHD) data as of 12:00 a.m. of October 18 indicated that Iloilo City has fully vaccinated 289,221 individuals, or 86.29 percent of its projected 2021 population (478,817).