Among other things, the petition asked the high court to order free medical services and treatment to the 74 children, all of whom were inoculated with Dengvaxia, as well as a regular public dissemination of reports of the Department of Health task force created to monitor and review the immunization program.
But the high court said the reliefs sought for by the petitioners involved purely administrative and discretionary functions. However, the high court said: “Clearly, the petition for a writ of continuing mandamus before this Court does not involve any ecological right nor does it allege any right involving protection of the environment or the ecology. It mainly invokes alleged violations on the right to health.”
It noted that when the vaccine was approved by the FDA, “there is a reasonable presumption that the approval is based on science and the subsequent recommendation by the DOH enjoys a presumption of constitutionality.”“The presumption becomes heavier and more pronounced when there is a public health crisis such as a pandemic.
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