SUBJECT: LIMITING PUBLIC TRANSPORTATION ACCESS TO VACCINATED POPULATION IN THE NATIONAL CAPITAL REGION UNDER ALERT LEVEL NO. 3 OR HIGHER
DATE: 11 JANUARY 2022
WHEREAS, the 1987 Constitution provides that the State shall protect and promote the right to health of the people and instill health consciousness among them and that the right to travel shall be subject to the interest of public health, as provided by law;
WHEREAS, under Executive Order No. 292 (s. 1987), the Department of Transportation (DOTr) is mandated to provide safe transportation services and is empowered to call upon any agency to assist in the implementation of transportation programs;
WHEREAS, under Presidential Proclamation No. 1218, the President extended the state of calamity until 12 September 2022 due to the COVID-19 pandemic;
WHEREAS, there is an alarming increase in the number of reported cases, with the local transmission reportedly to be likely due to the Omicron variant of the virus;
WHEREAS, the President directed the restriction of movement of unvaccinated individuals;
WHEREAS, the Metro Manila Council issued MMDA Resolution No. 22-01 (s. 2022), urging Metro Manila Local Government Units (LGUS) to enact ordinances on enhanced restrictions over unvaccinated individuals, who are more susceptible to severe cases of COVID-19 infections, thereby avoiding any undue burden on the health care system to the detriment of public health;
WHEREAS, National Capital Region (NCR) LGUs consequently passed resolutions, ordinances, and/or advisories regulating mobility of individuals in their respective jurisdictions, depending on their vaccination status;
NOW, THEREFORE, for and in consideration of the foregoing, I, ARTHUR P. TUGADE, Secretary of Transportation, by virtue of the powers vested in me by law, hereby order as follows:
Section 1. Scope.
This Department Order (DO) shall apply to all domestic travel TO, FROM, and WITHIN NCR via public transportation by land, rail, sea, and air. This DO shall cover public transportation for individuals who reside outside NCR but who work and/or travel to the same.
Section 2. No Vaccination, No Ride Policy.
All concerned attached agencies and sectoral offices of DOTr are directed to ensure that operators of
public transportation shall allow access or issue tickets only to “Fully Vaccinated Persons,” as evidenced by (i) physical or digital copies of an LGU-issued vaccine card, a DOH (Department of Health)-issued vaccine certification, or any IATF-prescribed document, with (ii) a valid government-issued ID with picture and address.
In general, a person is considered fully vaccinated (i) two (2) weeks after their second dose in a two-dose series, such as the Pfizer or Moderna vaccines; or (ii) two (2) weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine.
Section 3. Exceptions.
The “No Vaccination, No Ride Policy” shall not apply to the following:
a) Persons with medical conditions that prevent full COVID-19 vaccination, as evidenced by a duly signed medical certificate with name and contact details of the physician; and
b) Persons who will procure essential goods and services, such as but not limited to food, water, medicine, medical devices, public utilities, energy, work, and medical and dental necessities, as evidenced by a duly issued barangay health pass or other appropriate proof to support and justify such travel.
Section 4. Violation.
Any violation of this DO shall be penalized in accordance with the respective charters, authority, rules, and regulations of the concerned attached agencies and sectoral offices of DOTr.
Any violation of this DO by operators of public transportation shall be considered a violation of applicable general safety and health provisions under any concession or service agreements, authority or permit to operate, or other similar instruments.
Section 5. Implementing Guidelines.
The concerned attached agencies and sectoral offices of DOTr are directed to immediately issue resolutions,
circulars, advisories, and other notices to implement this DO. They may call upon other agencies and/or coordinate with other government offices to effectively implement the same.
Section 6. Effectivity.
This DO shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation, and submission of a copy with the Office of the National Administrative Register, U.P. Law Center.
This DO shall remain in full force and effect while the COVID-19 alert level in NCR is at Alert Level 3 or higher, as may be determined by the Inter-Agency Task Force for the Management of Emerging Infectious Disease (IATF).
ARTHUR P. TUGADE