The University of Santo Tomas faculty, support staff, and health workers continue to call for the abolition of Manila City Ordinance 8793, due to its “questionable” and “discriminative” nature and implementation.

The ordinance, also known as the Sanitation and Disinfection Code of Manila, required all workers to undergo annual medical examinations and businesses subject to health inspection to obtain a health permit.

The procedures, specifically a stool exam, chest x-ray or sputum examination, and drug testing, should be done at laboratories assigned upon registrant’s schedule application in the Go! Manila app.

Here is a timeline of the Manila health permit issue:

June 21 - UST staff raised their concerns on June 21 through a letter sent to Manila Mayor Maria Sheilah “Honey” Lacuna-Pangan, Organisasyon ng Nagkakaisang Empleyado ng UST (ONE-UST) told TomasinoWeb. They expressed the low compliance rate of the University, in which less than 50% of the whole faculty and support staff have secured a health permit.

The letter, signed by the leaders of the UST Faculty Union (USTFU), Samahang Manggagawa ng UST (SM-UST), and the Ugnayan ng Nagkakaisang Manggagawa ng UST Hospital (UNM-USTH), requested for an in-campus satellite office for the collection and testing of specimens, and that the deadline be moved to July 31 from May 31.

The mayor approved their request to move the deadline.

July 3 - The organizations requested dialogue with then Acting Rector Fr. Isaias Tiongco, O.P., to suggest that the health benefits stipulated in the respective employees’ collective bargaining agreements be used to cover the permit expenses.

Assoc. Prof. Rene Tadle, president of the Council of Teachers and Staff of Colleges and Universities of the Philippines (CoTeSCUP) and a philosophy faculty member, said the laboratory procedures cost 625 pesos, which does not include other expenses such as the chest X-ray, among others.

July 26 - Under their umbrella organization, ONE-UST, the groups wrote another letter to the mayor requesting for another deadline extension due to the typhoon Carina onslaught.

The letter also said that there is a “substantial number” of workers who have yet to secure the health certificate. The Manila Health Department did not reply to the request.

July 31 - ONE-UST issued a statement that recalled the said ordinance's questionable nature and implementation.

The organization requested a dialogue with UST Rector Rev. Fr. Richard Ang, OP, to aid in the compliance of UST workers by making the process more convenient for them.

ONE-UST sought the University administration's help to dialogue with the Manila City Government to review Ordinance 8793.

Aug. 5 - Dr. Arnold Pangan, Manila Health Department officer and husband of Mayor Honey Lacuna, issued a memorandum reiterating the need to acquire sanitary and health permits by businesses, institutions, health workers, and employees, respectively.

It also laid out the Presidential Decree 856, or the Code on Sanitation of the Philippines, as a legal reference to the requirement. However, the decree did not mention the need for the health certificate to be acquired annually.

Aug. 6 - UNM-USTH released a statement calling for ordinance reassessment and encouraging UST to stand in solidarity with its workers and not "kowtow to an ordinance that violates workers' rights."

Aug. 8 - UST released a statement showing its commitment to "achieve timely compliance alongside ongoing dialogues with our stakeholders."

The statement did not clarify which issue to refer to, but it also said that UST is committed to abiding by laws and regulations.

Aug. 9 - UST staff mobilized before the UST Lacson Gate to call for abolishing the ordinance.

Questionable and discriminatory

Leaders from ONE-UST mentioned different questionable provisions in the Sanitation and Disinfection Policy.

In their July 31 letter, the organization argued that the ordinance is inconsistent with the Comprehensive Dangerous Drugs Act of 2002, which mandates randomized drug testing. However, the ordinance imposes compulsory testing.

It also contradicted the same randomized drug testing policy under the Department of Labor and Employment department order regarding the implementation of drug-free workplace policies in the private sector.

In an interview, Assoc. Prof. Rene Tadle, said that the ordinance is “constitutionally infirmed.”

"How can an ordinance violate a national law like the Comprehensive Dangerous Drugs Law? It says there that drug testing is just random. Here, in effect, everyone is subject to drug testing. So it violates one's human rights," said Tadle.

She added that the implementation of the Sanitary and Disinfection ordinance also exempted those with a PRC license exposing an issue of equal protection.

In the same letter, ONE-UST described the ordinance as discriminatory in nature.

Asst. Prof. Emerito Gonzales, president of the USTFU, questioned the true intention of the policy, particularly in light of the exemptions it includes. He pointed out that those who complied fall into three categories: those with a Professional Tax Receipt (PTR), those with an Occupational Tax Receipt (OTR), and those who obtain a health permit.

“The law itself is really questionable,” said Gonzales in an interview with TomasinoWeb. “Saan ka nakakita na you were exempted from the health examination because you are paying for a professional tax receipt?” he asked.

“Where did you see someone exempted from the health examination because you are paying for a professional tax receipt?,” Gonzales said in an interview.

He floated the idea that individuals who obtain a PTR or OTR are also potential carriers of diseases, but are exempt from the requirement to acquire a health certificate.

Another concern was raised by Dan Paul Patricio, president of SM-UST, regarding the memorandum issued by the MHD on August 5.

Patricio commented that Presidential Decree 856, the basis used by the city in its implementation of the sanitation code, does not require employees to secure health permits annually.

“In [Chapter] 6, there is no provision requiring the employees of the schools to secure a health permit. None,” he said. “So, LGU's ordinance seems to add on to what is in the law,” the SM-UST president added.

Patricio also highlighted the redundancy of the medical examinations, pointing out that employees are required to undergo one for UST and another for the Manila government.

Unsanitary and unprepared

In addition to advocating for an on-campus satellite office and plea to use health benefits to reduce health permit costs, ONE-UST raised concerns regarding the city's preparedness to implement the ordinance.

In their August 6 statement, the UNM-UST criticized the lack of sanitary and safe spaces in Manila Health Department-assigned health centers where laboratory procedures are done. They mentioned the lack of gender-sensitive spaces, hygienic restrooms to collect urine and stool samples, and equipment availability.

When asked why many have not complied, SM-UST President Patricio answered, "You must be patient when you go [there]. When you go to the place, the feedback is really negative. A person is securing a health permit. So, your place should be conducive and sanitary."

The city required most people to complete the medical examinations at MHD's laboratory in Alvarez Street.

On the other hand, Gonzales described the laboratory as a pitiful and discouraging sight. He went to the same laboratory right after typhoon Carina to examine the facility's state.

"It's an eye-opener. For me, that's not a way, that's not even a decent way to treat the taxpayers of Manila," he said.

Additionally, Tadle also shared that the faculty members saw and experienced how inadequate the facilities were.

"In fact, some people would claim that the physical examination might actually make them more sick," he said.

What’s next? CoTeSCUP planned to file a case against the ordinance's validity, with their President Tadle expressing hope that the UST administration will support them in this legal action.

The coalition also requested a dialogue with the Manila City Council representatives to explore possible remedies for the ordinance and advocate for suspending its implementation in educational institutions.

ONE-UST await their meeting with the UST administration, as none has been called since their letter to the UST rector on July 31.

The UST Faculty Union sought a moratorium to allow faculty members to continue teaching with only substantial compliance to avoid disrupting classes.

However, on Aug. 9, several non-tenured faculty members from the Department of Journalism were offloaded due to their non-compliance with the health permit requirement.-Maujerie Ann Miranda