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Question MANDATORY VACCINATION

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2 years 7 months ago #9087 by John
John created the topic: MANDATORY VACCINATION
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

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2 years 7 months ago #9092 by Action Officer
Action Officer replied the topic: MANDATORY VACCINATION
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 Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

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