Science, Rulemaking, and COVID-19 in the Philippines : Evaluating the Scientific Basis of the Motorcycle Pillion Shield Regulation

ABSTRACT

This article evaluates the Philippine government’s science-based response to the COVID-19 pandemic, particularly in the field of administrative rulemaking. Specifically, it evaluates the effectiveness of the Motorcycle Pillion Shield Regulation (MPSR) to implement social distancing and prevent COVID-19 infections in motorcycle back-riding. Applying Max Weber’s view on the necessity of scientific expertise in rulemaking, and using government and media reports, the article analyzes the scientific foundation of the MPSR rulemaking by the Philippine Inter-agency Task Force on Emerging Infectious Disease (IATF-EID) and National Task Force (NTF), the country’s top task forces against COVID-19. It argues that a truly science-based approach to rulemaking must be based on sound scientific evidence and consultation with scientists, experts, interest groups, and motorcycle riding public, before crafting and implementing a regulation. Results showed that use of shield in motorcycle back-riding can cause the spread of the virus instead of preventing it, especially in motorcycle taxis. The use of common helmet and the inevitable physical contact between the driver and the back-rider may cause infection if one rider is positive, as scientific studies indicate that touching contaminated surfaces can cause a transmission. It is also an added expense, unsafe, and prone to accident as the shield obstructs the motorcycle’s aerodynamics and balance. Lastly, no comprehensive scientific study and consultations with experts and riders before the MPSR was crafted and implemented by the NTF. Ultimately, this article contends that the government’s claim to a science-based strategy against COVID-19 can remain elusive if it fails to address the country’s lack of a reliable scientific advisory group and if it fails to amend the new Philippine Administrative Code to require regulators to strictly follow sound science in rulemaking.