The January 8 huddle of Flatten the Fear can easily answer the question, is the lockdown of the unvaccinated legal?
MMDA Resolution (1:25)
The MMDA Resolution is equally illegal. The same thing goes for the IATF resolution. First of all, the Supreme Court has already ruled that the MMDA has no authority to issue any ordinances.
So, you might remember the Bel Air case before when MMDA ordered Bel Air Village to open their gates to allow non-residents to enter through there. This, too, was done by a verge of an MMDA “ordinance.
The Supreme Court ruled that the MMDA has no such powers under its charter. So it’s illegal.
What’s interesting here is that MMDA ordered the LGUs to issue their own ordinances.
Possibly, they (MMDA) are aware of such a case with the Supreme Court. Nonetheless, they are making it come out to be a presumption of regularity.
In other words, they’re bullying.
They issue a resolution. There is a presumption that it is legal unless it is struck down by the Supreme Court.
Ignorance Of The Law (1:26)
There is no excuse for ignorance of the law. Unfortunately, when people hear what’s on mainstream media, they think it’s the truth.
It seems that people automatically assume that when they hear in the news, it’s automatically legal.
So, since the MMDA Resolution was announced in the mainstream news, it must be legal, right?
It just goes to show how much Filipinos do not know the law. That’s very sad. Basically, people do not understand the Constitution. They do not understand that police power can only be exercised through law.
If MMDA or IATF has to issue resolutions, they cannot be against the law.
Simply said, IATF Resolution 148-B violates R.A. 11525. The MMDA Resolution also violates R.A. 11525. Hence, the Supreme Court can trash such resolutions since they (MMDA) have no authority.
It is an unreasonable and oppressive exercise of police power.
Even if they’re trying to protect public health, it’s coming out that their claim is bogus.
Police power has to be reasonable. It needs to be reasonable for the objective to be attained.
Public Emergency (1:27)
Since MMDA is trying to prove that COVID is a public emergency, let’s first look at the fatality rates of various diseases.
Ebola has a fatality rate of 90%
Bubonic plague has a fatality rate of 60%
How about COVID? It’s safe to say that it’s around 1.5%
Let’s say it’s still an emergency, let’s grant them that. Are their actions reasonable at all?
According to the Supreme Court decisions, the means have to be reasonable.
For example, you can’t use a chainsaw if you can achieve the objective by using a kitchen knife or a surgical scalpel.
In other words, the tools have to be proportional for the problem to be solved.
Now, they could also claim that vaccination is the only way to solve COVID. They can claim that it’s the best and the only way. The question is, is that true?
We are seeing otherwise. Just take a look at the breakthrough cases. The vaccinated are getting sick despite being vaccinated.
We’re now also seeing vaccine failures.
Other Ways To Solve The Pandemic (1:29)
Are there other ways to solve the pandemic? You’ve heard LAMMP, Doc Cricket just presented earlier the COVID Homecare Guide. Feel free to download below.
CDC PH has been pushing its IProtect Protocols for a very long time already.
Given these alternative treatments, there are other tools to consider before resorting to using a chainsaw to solve the problem.
So, to do lockdowns or to do arrests is clearly unconstitutional since there are other means that can be considered.
On the point of arrest, should the unvaccinated be arrested?
It is not a crime to be unvaccinated. Let’s make that very clear. There is nothing that penalizes being unvaccinated.
The caveat is that we need to watch out. It seems they want to pass a law that states that being unvaccinated is a crime. We need to watch out for that.
We need to be vigilant when the Senate and the House of Representatives resume session next week.
Nonetheless, it is NOT a crime to be unvaccinated. If your barangay captain goes knocking at your door to arrest you or prohibits you from going leaving your house, they are committing a crime against you. That is Arbitrary Detention.
Don’t let anyone bully you. You can always file an Arbitrary Detention case against anyone who arrests you or prohibits you from leaving your home.