In an en banc session Tuesday, the Supreme Court (SC) issued a temporary restraining order (TRO) that prevents the transfer of P89.9-billion funds from the Philippine Health Insurance Corporation (PhilHealth) to the National Treasury.
The High Tribunal released the decision in response to the consolidated petitions of 1Sambayan Coalition, Senate Minority Leader Aquilino Pimentel III, and Bayan Muna chairperson Neri Colmenares, who raised questions on the constitutionality of the said fund transfer.
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 notice.
Reacting to this development, 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.
Colmenares asserted that this is a testament that PhilHealth has enough funds to cover even the outpatient services such as laboratory testing and those who are undergoing dialysis.
The issuance of a TRO will prevent the expenditure of the agency’s funds to unprogrammed allocations.
In August, Pimentel joined former Finance Undersecretary Cielo Magno, the Philippine Medical Association, labor groups, and women organizations in filing a petition to declare said transfer unconstitutional.
Former Senior Associate Justice Antonio Carpio, the lead convenor of 1Sambayan, also challenged said transfer earlier this month. Other petitioners include former Ombudsman Conchita Carpio-Morales, former Commission on Audit (COA) Commissioner Heidi Mendoza, and lawyer Howard Calleja.
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