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MANILA, Philippines – The government cannot be forced to carry out massive tests “no matter how serious the emergency is” because there is no law requiring it, the Supreme Court said, dismissing the mandamus petition that sought to force the government to intensify its fight. against coronavirus disease (COVID-19).
In a four-page ruling, the Superior Court dismissed the petition filed by Citizens Urgent Response to End COVID-19 led by its spokesperson, former Chief of Social Welfare Judy Taguiwalo, coordinator of the Coalition for the People’s Right to Health, Dr. Raymond Joshua L. San Pedro, and several others because “they did not demonstrate at all that they were entitled to the issuance of an injunction.”
A mandamus is a judicial remedy that compels any government office, subordinate court, corporation or public authority to perform a ministerial act that it did not do.
The petitioners cited their constitutional right to health by calling for a “proactive” mass test, increasing contact tracing, and releasing accurate information about the state of the country in its fight against COVID-19.
“The omission of proactive and efficient massive tests in the midst of the COVID-19 pandemic has shown that a systemic and normalized violation of the right to health engenders the impairment of other human rights and freedoms, such as the rights to travel, livelihood or work , education, and access to justice, ”the petitioners said in the 77-page petition.
But the Supreme Court said the mandamus is applicable only if they need to order a certain office or government official to do their job specifically identified by law, but they can’t tell anyone how to do their job.
Protecting the public’s right to health, the High Court noted that even the petitioners acknowledged that the government has taken action against COVID-19, such as expanding testing and implementing community quarantine. However, they believe that such measures are not enough.
“The job of the Court is to say what the law is, not to dictate how another branch of government should do its job,” the Supreme Court said.
“Without a demonstration that an executive branch official failed to fulfill a mandatory and non-discretionary duty, the courts have no authority to issue an injunction, no matter how serious the emergency,” the High Court added.
/ MUF
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