Atty. Jemy Gatdula on illegality of mandatory vax, endless lockdown

I am reposting here five recent articles by a friend and fellow BusinessWorld columnist, UA&P Law Prof. Jemy Gatdula, about mandatory vax and indefinite lockdown in the Philippines. Good papers, Jemy, congrats again.
-----------

(1) It’s final: Lockdowns don’t work 
January 21, 2021 | 5:33 pm
Being Right  By Jemy Gatdula 
https://www.bworldonline.com/its-final-lockdowns-dont-work/

Why do lockdown policies continue? In two words: fear mongering. As Dr. Joffe points out: the “Popular media focused on absolute numbers of COVID-19 cases and deaths independent of context. There has been a sheer one-sided focus on preventing infection numbers. The economist Paul Frijters wrote that it was ‘all about seeming to reduce risks of infection and deaths from this one particular disease, to the exclusion of all other health risks or other life concerns.’ Fear and anxiety spread, and we elevated COVID-19 above everything else that could possibly matter …

The ultimate tragedy of this pandemic may very well be the institution of lockdown measures. Aside from the gross loss of life and livelihood it wrought, there’s also sadly the willing acceptance by many to forego their civil liberties rather than confront fear with reason.

(2) Forcing people to be vaccinated is illegal and wrong 
August 5, 2021 | 7:12 pm
Being Right   By Jemy Gatdula 
https://www.bworldonline.com/forcing-people-to-be-vaccinated-is-illegal-and-wrong/

Mandatory vaccination is unconstitutional. And any citizen has the right to sue the government (or a private establishment, e.g., businesses or schools) for any act or measure forcing them to be vaccinated or which restricts or discriminates against their constitutional rights because of their decision not to be vaccinated.

No law (whether here in the Philippines or relevant other jurisdictions), no jurisprudence (whether in the Philippines or under international law), and — most importantly — the underlying societal and constitutional principles our country adheres to, provides for or categorically gives specific authorization for mandatory vaccination as defined here.

(3) Whether done by the government or private sector, mandatory vaccination is just wrong 
September 2, 2021 | 7:17 pm
Being Right  By Jemy Gatdula 
https://www.bworldonline.com/whether-done-by-the-government-or-private-sector-mandatory-vaccination-is-just-wrong/

Mandatory vaccination laws presently don’t exist. So, any measure carried out that effectively coerces people to be vaccinated is illegal and any government official doing so needs to be held accountable. Even if mandatory vaccination laws are legislated, such are likely unconstitutional… and should be struck down. 
Private institutions must respect constitutional rights.

(4) Waiving TRIPS for vaccines 
September 9, 2021 | 8:31 pm
Being Right  By Jemy Gatdula 
https://www.bworldonline.com/waiving-trips-for-vaccines/

Are there alternatives? Manufacturing our own vaccines might be a longshot for now. Parallel importation has been brought up, particularly in light of the Universally Accessible Cheaper and Quality Medicines Act but that has its own complexities.

Or perhaps the government might take a second look at ivermectin.

(5) Is this lockdown even legal? 
September 16, 2021 | 7:09 pm
Being Right  By Jemy Gatdula 
https://www.bworldonline.com/is-this-lockdown-even-legal/  

To reiterate, lockdowns conceivably, maybe, can be issued under the police power of the State. But that comes with a huge caveat: it must comply with the Constitution and legislation but also must have a lawful subject and lawful means.

Is there actually any legal authority or basis for this lockdown? A lockdown that closed down businesses, churches, and schools, and restricted domestic travel? All aside from devastating the economy. A lockdown, if without legal basis, has resulted in the wholesale overriding of constitutional rights, including that of due process, property, expression, religion, and travel.