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President Rodrigo Duterte's warning to order arrest of those who continue to refuse to be vaccinated against coronavirus disease (COVID-19) does not need any law as the provisions in the Constitution on the right to health is "self-executing," his legal adviser said on Wednesday.

In a statement, Chief Presidential Legal Counsel Salvador Panelo, citing a Supreme Court decision, said constitutional provisions on public health, by themselves, are operative and need no subsequent legislation for their enforcement.

"The Supreme Court enumerated the constitutional provisions, specifically Sections 15, 11, 12, 13 of Article II, and Section 9 Article XVI stating that 'xxxx these provisions are self-executing. Unless the provisions clearly express the contrary, the provisions of the Constitution should be considered self-executory. There is no need for legislation to implement these self-executing provisions'," he said.

Panelo's statement was contrary to the position of Presidential Spokesperson Harry Roque who said that to arrest those who refuse COVID-19 inoculation, a law must be enacted by Congress or ordinances must be passed by the local government units.

Panelo said the country is in a state of national emergency due to the deathly pandemic.

"Drastic times demand for drastic measures. The Constitution has given sufficient authority to the government to manage the crisis even as it works vigorously towards achieving herd immunity while our people look forward to reaching it," he said.

While individual choice or liberties have to be respected, he said the security of the nation is paramount, "hence, its survival must be fiercely protected."

He also said the claim that vaccine hesitancy is not the problem is erroneous.

Panelo cited a survey last month, showing only 32 percent of adult Filipinos were willing to receive the vaccine for free even as the supply of vaccines in the country were improving.

"It is not the government which instills fear among our citizens. It is the political opposition and some progressive groups that have caused agitation and doubt in the minds of our people as to the benefits of being inoculated against the fatal pathogen. The government response to the pandemic is in fact, science-based, and we are backed by an array of health experts in our campaign to reach herd immunity through mass vaccination," he said.

With the continuous rise of COVID-19 cases, including the death toll, in the country, Panelo reiterated it is the prime duty of the government to serve and protect the people.

"The President as its head is charged with the obligation to do what is necessary to comply with the constitutional command," he stressed.

Duterte earlier said he would order the arrest of those who remain defiant to be vaccinated against COVID-19 as they could be considered as carriers of the virus. Otherwise, he said they should leave the country. Celerina Monte/DMS