THE HEALTH department should protect the Philippines’ public assets from lawsuits under a global COVID-19 vaccine-sharing initiative by making these exempt from the “waiver of sovereign immunity” clause, the Department of Justice (DoJ) said.
The clause allows the government to be sued by another state in case the contract is breached, the DoJ noted.
In a legal opinion dated Mar. 16, the DoJ said the Health agency should propose exceptions to the agreement to receive bivalent vaccines from the COVID-19 Vaccines Global Access (COVAX).
“We suggest that the waiver of immunity clause in the document pertaining to the donation of bivalent vaccines include exceptions to protect public properties of the Republic,” Justice Secretary Jesus Crispin C. Remulla said in the opinion addressed to Health-officer-in-charge Maria Rosario S. Vergeire.
Mr. Remulla listed assets used by diplomatic missions of the Philippines, assets under the control of a military, and other assets for government use.
Ms. Vergeire earlier said she was awaiting guidance from the Office of the President before she signs the documents to receive the bivalent vaccines.
The Philippines secured more than a million doses of Pfizer, Inc.’s bivalent vaccines from the World Health Organization-led COVAX.
The draft agreement with COVAX indicates that in case of a breach of contract, the Philippines would waive “any right or sovereignty immunity as to the recipient and any of its property, whether commercial or non-commercial, including any bank account belonging to the recipient.”
Last week, Ms. Vergeire said there would be slight delays in the delivery of the bivalent vaccines, which are seen to be more effective against new coronavirus variants.
The Philippines received at least 75 million doses of coronavirus vaccines from the COVAX facility as of June 2022.
The Health official earlier told a Senate hearing the Philippines’ COVID-19 vaccine wastage could hit 50 million doses this month. As many as 60 million doses could get wasted by September unless the government boosts efforts to administer vaccines, she said. — John Victor D. Ordoñez