By Chloe Mari A. Hufana, Reporter
THE SUPREME COURT (SC) issued on Tuesday a short lived restraining order (TRO) on the additional switch of extra funds of Philippine Well being Insurance coverage Corp. (PhilWell being) to the Nationwide Treasury.
“The TRO is efficient instantly,” SC Spokesperson Camille Sue Mae L. Ting mentioned. “The TRO is simply actually to stop the additional switch of extra funds from PhilHealth to the Nationwide Treasury.”
The SC consolidated the petitions filed by 1SAMBAYAN Coalition, a bunch led by Senator Aquilino Martin “Koko” D. Pimentel III and one other group led by Bayan Muna Chairman Neri J. Colmenares.
The three petitions have been filed to cease the switch of P89.9 billion in extra funds from PhilHealth to the Nationwide Treasury.
“All three petitions problem the return of extra reserve funds from government-owned and -controlled firms to the Nationwide Treasury to fund unprogrammed appropriations,” the SC public data office mentioned in an announcement.
The TRO was issued after P60 billion in PhilHealth funds have already been transferred to the Treasury in three tranches since Might.
A fourth and last tranche price P29.9 billion was scheduled to be transferred to the Treasury in November.
Ms. Ting mentioned it’s nonetheless doable for the Excessive Court docket to sort out the plea for a established order ante order, which might permit the return of the P60 billion to PhilHealth’s coffers.
The oral arguments scheduled for Jan. 14, 2025, would push by means of, she added.
A duplicate of the TRO had but to be launched.
In an announcement, Finance Secretary Ralph G. Recto mentioned the division “respects the Supreme Court docket’s intervention.”
“I acknowledge the precise of each citizen to hunt redress from the courts. Relaxation assured that the DoF (Division of Finance) will totally adjust to the order of the Supreme Court docket,” he mentioned.
“We give our full cooperation to the Supreme Court docket as we stay up for the chance to make clear the problems offered in the course of the oral arguments.”
A provision included within the 2024 Normal Appropriations Act allowed the DoF to situation Round No. 003-2024, authorizing PhilHealth and the Philippine Deposit Insurance coverage Corp. to transfer P89.9 billion and P110 billion, respectively.
These would assist fund unprogrammed appropriations price P203.1 billion, which might help authorities applications in well being, infrastructure and social companies.
“We reiterate that earlier than continuing with the utilization of GOCC (government-owned or -controlled company) idle funds, our company exercised due diligence and consulted extensively with the federal government’s authorized specialists,” Mr. Recto mentioned.
“These embrace the Governance Fee for GOCCs, the Authorities Company Counsel and the Fee on Audit. These efforts have been undertaken to make sure full compliance with our legal guidelines,” he added.
In an announcement, PhilHealth mentioned it totally respects and can abide by the ruling.
PhilHealth mentioned it stays targeted on its mission to offer healthcare to Filipinos by means of “higher and responsive benefit packages and availment insurance policies that guarantee higher entry to healthcare companies.”
Solicitor-Normal Menardo I. Guevarra, whose office represents authorities businesses in authorized instances, mentioned they might “respect the TRO,” noting that it’s “restricted to PhilHealth funds solely.”
One of many petitioners, former SC Senior Affiliate Justice Antonio T. Carpio, mentioned the TRO “saves the poorest of the poor of Filipinos… whose solely supply of life-saving drugs is PhilHealth.”
“We hope that the Government department will return all of the transferred funds again to PhilHealth pending the ultimate determination of the Supreme Court docket,” he mentioned in a Viber group chat message with reporters.
Mr. Carpio, together with 1SAMBAYAN, mentioned of their petition that since PhilHealth funds are “particular funds,” they can’t be transferred except their goal has been deserted or achieved.
They added that the fund transfers violated Article VI, Part 25 (5) of the Structure. Beneath the Constitution, “no legislation shall be handed authorizing any switch of appropriations.”
Former Finance Undersecretary Cielo D. Magno, who filed the first petition questioning the switch with Mr. Pimentel, mentioned they’re hoping the highest court docket would declare the fund switch as unconstitutional.
“This measure will briefly cease the financial hemorrhage of PhilHealth,” she advised BusinessWorld in a Viber message.
