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Question Mandatory vaccination of government employees

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2 years 4 months ago - 2 years 4 months ago #9088 by John
John created the topic: Mandatory vaccination of government employees
Dear CSC:

Greetings!

SECTION 12 of RA No. 11525 states that vaccine cards shall not be required as a mandatory additional requirement for employment. It also states that vaccinated individuals are not considered immune from the COVID-19 virus.

(A) If a government agency requires unvaccinated employees to be vaccinated otherwise they may be required to submit a "negative" RT-PCR test result or to comply to additional conditions or be subjected to restrictions, not being required from, or imposed to, vaccinated individuals, will such mandate valid as far as RA No. 11525 and CSC laws, rules and regulations is concerned?

(B) Will it not result to discrimination againts unvaccinated employees?

(C) Is there a substantial distinction between unvaccinated and vaccinated employess with respect to delivery of government service to the public considering that vaccinated employees are also not considered immune from the COVID-19 virus?

(D) Furthermore, can mandatory vaccination be impose to government employess in the absence of a law imposing the same?

Thank you!

Atty. John
Last Edit: 2 years 4 months ago by John.

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2 years 4 months ago #9093 by Action Officer
Action Officer replied the topic: Mandatory vaccination of government employees
Dear John,

Thank you for using CSC Online Forum!

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be a subject of a complaint or appeal before it.

Nevertheless, pertinent to your queries are, as follows;

1. Section 2 (3), Article IX-B of the 1987 Philippine Constitution and Section 46, Chapter 7, Title I, Subtitle A, Book V of the Administrative Code of 1987 (EO 292) provides that no officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process;


2. Section 23. Article VI (Legislative Department), of the 1987 Philippine Constitution

“2. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Hope to have enlightened you on the matter.

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2 years 1 month ago #9519 by Belinda
Belinda replied the topic: Mandatory vaccination of government employees
Dear CSC Action Officer,

It was so sad and unfortunate that not even one question of Atty. John was answered by CSC. I was hoping that you will at least shed light on these questions. Many of the government agencies are already implementing IATF's Resolution No. 148-B, Series of 2021 and until now CSC does not have a clear policy on this matter. I remembered Commissioner Lizada mentioned in her interviews sometime in November 2021 that CSC will come up with clear policy regarding unvaccinated employees. Do you already have one? If there is still no clear policy on this, should the government agencies already implement it, especially the requirement that unvaccinated employees should present a negative COVID test result certificate at least once every two (2) weeks, AT THEIR OWN EXPENSE, in order to be allowed to physically report to the office? This is again my question - if the unvaccinated employee has a negative swab test result and all of his vaccinated colleagues did not undergo a swab test, how is he going to be protected since it is a known fact that vaccinated individuals are not considered immune from the COVID-19 virus? Do you think this is fair?

Please tell us the clear stand of CSC on this issue. Thank you.

Belle Sablan

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