MANILA - President Rodrigo Duterte's threat of sending those who refuse COVID-19 vaccination to jail has no legal basis, lawyers' groups said Wednesday.

There is no law that mandates Filipinos to get inoculated against the coronavirus, Philippine Bar Association president Rico Domingo said.

"The President himself is a lawyer, a former prosecutor and therefore, he should know what the law is all about," he told Teleradyo.

Should authorities insist on arresting those who won't volunteer for vaccination, Domingo said this violates their constitutional right to privacy.

"We are in a democratic system and any draconian measure would certainly imperil the constitutional rights of the people," he said.

Domingo called on the government to focus instead their efforts to educating the public about the benefits of getting the jab.

• Duterte: Get vaccinated or I’ll send you to jail

The head of the Integrated Bar of the Philippines had a parallel take.

"What is prevailing in our country is kung gusto mo magpabakuna, bibigyan ka ng bakuna. Kung ayaw mo may karapatan ka na huwag magpabakuna," said Domingo Cayosa.

(What is prevailing in our country is if you want to get vaccinated, you will get one. If you don't want to, you have the right not to get vaccinated.)

He said arrest as punishment for those who refuse to get vaccinated may only be possible if Congress passes a law providing for this.

"Hindi puwedeng i-invoke ng Pangulo na mayroong crisis na kinakaharap ang bansa. Kahit may emergency, rule of law pa rin ang namamayani... Puwede siguro hingin niya sa Kongreso i-certify nya na urgent bill 'yan at kung papayag ang Congress, maglalabas sila ng bagong batas, thereafter puwedeng ipatupad o ipakulong," Cayosa said.

(The President can invoke the crisis we're facing to effect this. Even in an emergency, rule of law prevails. He probably can ask Congress to certify as urgent such a bill, if Congress agrees it can make a new law and thereafter, it can be enforced.)

In a televised address Monday, Duterte threatened to jail people who decline to be inoculated against the coronavirus.

"Mamili kayo, magpabakuna kayo o ipakulong ko kayo sa selda," he said.

(You choose— get vaccinated or I'll send you to jail.)

• Refusing vaccination not a crime, says DOJ after Duterte threat

The Department of Justice has said refusing vaccination is not a crime.

Under Philippine law, an act is not considered a crime and no one is criminally responsible unless a law says so at the time it was committed.

Justice Secretary Menardo Guevarra justified Duterte's remark, saying the President was using strong words so the country could reach herd immunity as soon as possible.

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