JUSTICE Secretary Menardo Guevarra is not inclined to order the National Bureau of Investigation (NBI) to drop its investigation into the controversy that stemmed from the voluntary inoculation of several members of the Presidential Security Group (PSG) with unregistered anti-Covid 19 vaccine.
Guevarra made known his position despite President Duterte’s pronouncement that he would shield the PSG from the planned Senate inquiry in aid of legislation on the government’s action plan to procure anti-Covid-19 vaccines.
Duterte has advised PSG chief Brig. Gen. Jesus Durante III not to attend the Senate hearing and to invoke executive privilege if pressed to appear and testify.
“The focus of the NBI investigation is the alleged proliferation of unregistered anti-Covid 19 vaccines in the so-called black market and their unauthorized administration,” Guevarra said when asked whether the President’s remarks would stop NBI’s probe on the issue.
“The agency can obtain information from various sources,” he added.
NBI Deputy Director and Spokesperson Ferdinand Lavin, in an interview over CNN Philippines, said the agency has to comply with the existing directive from the DOJ to conduct an investigation on the issue.
“Our investigation will proceed unless that order of the secretary is withdrawn,” Lavin said.
In fact, Lavin said upon receipt of the order of the DOJ, its Special Action Unit led by lawyer Emeterio Dongallo Jr., had already sent a communication to the Food and Drug Administration requesting for certification on whether there had already been vaccines which has been registered or whether there are vaccines submitted for registration and on what stage already are these vaccines on the registration process.
Lavin said the NBI might reach out to Durante in the coming days through the Armed Forces of the Philippines since the PSG is under its command.
“If they will not cooperate, we will proceed with the investigation and we will build up the case on independent evidence,” Lavin said.
Vaccine smuggling
Lavin added that the NBI is also expected to reach out to the Bureau of Customs on the matter of importations or reported smuggling of vaccines.
Guevarra issued last December 28 an order directing the NBI on the reported importation, sale, offering for sale, distribution, administration, and inoculation of Covid-19 vaccines that are not authorized or registered with the Food and Drug Administration.
Guevarra directed the NBI to file charges, if evidence warrants, against those responsible for the illegal act.
No Senate grilling
Senate leaders indicated early on Tuesday that what President Duterte called a possible “little crisis” on the participation of Palace security aides in an inquiry over their use of unregistered Covid-19 vaccine would not happen, as lawmakers will not insist on grilling members of the PSG.
According to Minority Leader Franklin M. Drilon, the President can invoke executive privilege in enforcing his late-Monday directive for PSG men not to attend the congressional investigation on the use of vaccines unsanctioned by the FDA.
“The President, in effect, is invoking executive privilege. It is a recognized power of the President. It is a valid exercise of the power of the President under EO 464, as affirmed by the Supreme Court in the case of Senate of the Philippines vs Ermita,” said Drilon in a statement to Senate reporters.
“But to investigate in aid of legislation is also a valid exercise of legislative power. There is no preventing Congress from eliciting information in aid of legislation from other resource persons. Congress can exact information on matters that can help it craft better legislation,” Drilon added.
Earlier, Senate President Vicente Sotto III, in confirming plans to convene the Senate as a Committee of the Whole on the issue, had already signalled that summoning the PSG was not a priority, since the original scope of the inquiry was focused on drawing out the vaccine rollout roadmap of the Executive, as sought in a privilege speech by Sen. Kiko Pangilinan.
The issue of the unsanctioned PSG immunization cropped up after Pangilinan’s speech was tabled for a Committee of the Whole inquiry because Duterte himself revealed the matter.
In his address to the public on Monday night, Duterte said summoning the PSG would not serve any purpose in aid of legislation, and chided lawmakers for planning to call them.
Drilon, early Tuesday, laid down the basis for inquiring into the circumstances of the PSG inoculation by saying: “The Senate should continue with the hearing especially in the light of the revelation that 100,000 POGO workers were inoculated in the country. That is illegal.”
The minority leader said the senators can elicit information they need from other sources without calling the PSG. “In aid of legislation, the Senate must elicit information from other sources on how to strengthen the FDA and Bureau of Customs to prevent similar episodes in the future,” Drilon added.
Order to Durante: Snub summons
In his public address late Monday evening, Duterte ordered PSG commander Jesus Durante to ignore the summons of the lawmakers regarding the said issue.
“I think I will tell Durante now. He is here. Durante, do not obey the summons. I am ordering you to stay put in the barracks,” Duterte said.
This, after Presidential spokesperson Harry Roque said earlier that PSG will cooperate in investigations related on the use of unregistered vaccine.
Duterte warned there will be a “little crisis” if Congress will cite Durante in contempt from following his orders and detain him in its premises.
“I will not allow it. I will personally go to Congress and I will get them,” Duterte said.
“I am prepared to defend my soldiers. I will not allow them to be brutalized in [Congressional] hearings,” he added.
Last week, several other high ranking officials admitted PSG used Covid-19 vaccine, which are still unregistered with FDA.
Currently, FDA has yet to issue any emergency use authorization (EUA) to any Covid-19 vaccine manufacturer, which would allowed the mass local use of their products.
FDA director general Eric Domingo explained they could have issued a “compassionate special permit” to PSG, which would have allowed them to use Covid-19 vaccine even if they have yet to approve any EUA.
But he noted the special permit will only be good for small quantities of vaccine, which are good for a small group of people.