The Supreme Court (SC) En Banc on Tuesday issued a temporary restraining order (TRO) to enjoin the further transfer of Philippine Health Insurance Corporation (PhilHealth) funds to the national treasury.
It was learned that the High Tribunal consolidated petitions separately filed by 1SAMBAYAN Coalition, Senator Aquilino “Koko” Pimentel III et al., and Bayan Muna Chairman Neri Colmenares et al. to block the transfer of P89.9 billion of the health insurer’s funds to the state purse.
The three petitions challenged the return of excess reserve funds from government-owned and controlled corporations to the national treasury to fund unprogrammed appropriations.
The respondents were required to file their comments on the petition and application for TRO and/or Writ of Preliminary Injunction within a non-extendible period of 10 days from receipt of the notice.
It was explained that the issuance of a TRO would prevent the agency’s funds from being used to finance unprogrammed allocations.
Philhealth’s management quickly released a statement saying it would respect the SC’s ruling.
“We fully respect and will abide by the decision of the Supreme Court on the issue. We remain focused on our mission to provide all Filipinos with adequate financial protection against health risks through better and responsive benefit packages and availment policies that ensure greater access to healthcare services whenever and wherever they need them most,” PhilHealth Senior Vice President Israel Francis Pargas said.
For his part, Finance Secretary Ralph Recto said the Department of Finance (DOF) would respect the High Court’s TRO concerning the petitions filed questioning the utilization of Philhealth’s idle, unused, and excess funds.
“We respect the Supreme Court’s intervention. As a public servant myself, I recognize the right of every citizen to seek redress from the courts. Rest assured that the DOF will fully comply with the order of the Supreme Court,” he said.
However, he insisted that the DOF’s intention for seeking the transfer of Philhealth funds was “to sweep the idle, unused, and excess funds of government-owned and controlled corporations,” as mandated under Republic Act No. 11975.”
Meanwhile, Colmenares told Manila Standard that while it is a “significant victory”, the transferred yet unused funds must be returned to PhilHealth.
“The previous transfers amounting to billions must be returned while those that were already spent must be properly accounted for. We should demand that these funds must be used to the benefit of the members and beneficiaries,” he stressed.
He asserted that this is a testament that PhilHealth has enough funds to cover even outpatient services such as laboratory testing and those who are undergoing dialysis.
Senator Christopher “Bong” Go also hailed the High Court for temporarily stopping “the illegal and immoral transfer of health funds” from PhilHealth to finance projects unrelated to health.
“The issuance of this TRO today does not end our crusade. In fact, this will give us more resolve and more determination to fight for the fundamental right to health of every Filipino, especially the poor and the helpless,” he added.
In August, former Finance Undersecretary Cielo Magno was joined by Senator Pimentel, the Philippine Medical Association, labor groups, and women’s organizations in filing a petition to declare the funds transfer unconstitutional.
Meanwhile, former Senior Associate Justice Antonio Carpio, who is the lead convenor of 1Sambayan also challenged the transfer earlier this month.
Other petitioners include former Ombudsman Conchita Carpio-Morales, former Commission on Audit (COA) Commissioner Heidi Mendoza, and lawyer Howard Calleja, among others.
Editor’s Note: This is an updated article. Originally posted with the headline “SC grants TRO vs transfer of PhilHealth funds to National Treasury.”
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