No grounds for TRO vs pediatric jabs – Solgen

MANILA, Philippines — There is no ground for a Quezon City court to issue a temporary restraining order (TRO) on the inoculation of children aged five to 11 with SARS-CoV-2 vaccines because the jabs are not mandatory, the Office of the Solicitor General (OSG) said.

In a 21-page Comment/Opposition dated Feb. 11, the OSG asked the QC Regional Trial Court Branch 96 to deny the prayer for issuance of TRO and writ of preliminary injunction filed by two parent-petitioners represented by the Public Attorney’s Office.

The OSG serves as legal counsel of the respondents – Health Secretary Francisco Duque III, Undersecretary Rosario Vergeire and the department’s Public Health Services Team.

The petitioners are opposing Item No. 5, Annex A of Department of Health Memorandum No. 2022-0041, that provides for the exercise by the state of its parens patriae (parent of the nation), exercising parental authority on children ages five to 11.

But the OSG said, “Petitioners are armed with nothing but bare allegations and speculations that do not carry any weight of credibility.”

During their Feb. 8 hearing, it was reportedly made clear that “Item No. 5 has been completely rescinded by the DOH with the issuance of Memorandum No. 2022-0041-A dated Feb. 4, 2022. Thus, petitioners’ claim no longer has any leg to stand on.”

“Petitioners are not at risk of suffering any grave and irreparable injury, because inoculation of their children is purely voluntary and dependent on their consent. If they do not wish to subject their children to whatever risks they believe to be associated with vaccination, they may simply choose not to have their children vaccinated. This vaccination is not mandatory. The government will not forcibly take their children and administer the vaccine to them,” the OSG said.

260,000 kids vaccinated

DOH Undersecretary Myrna Cabotaje yesterday reported that over 260,000 children are already vaccinated and protected against COVID.

“As of Feb. 16, about 263,932 five to 11 years olds are vaccinated with a first dose nationwide. There were no reports of serious AEFI (adverse events following immunization),” Cabotaje said during the Laging Handa public briefing yesterday.

Cabotaje noted that only eight reported non-serious side effects such as rashes, itchy throat, pain in the injection site, fever and nausea.

Since the rollout of the vaccination for young children, Cabotaje said an average of 55,000 doses are being administered daily. Even as supply remains limited, Cabotaje gave assurances that there are enough jabs for young children to receive their second dose after 21 days.

“The pacing of the rollout is supply dependent,” she said.

About 2.5 million children can be fully vaccinated using the available five million doses. About 10 million doses are arriving by the second quarter of the year.

“There is only one source of this – Pfizer – so far. We could not hit the pace at which we would like to vaccinate as aggressively as we ought to ensure that the children will be aptly protected,” Duque said, adding that children are longing to get vaccinated because they want to go back to school. – Mayen Jaymalin