THE Supreme Court is set to hold oral arguments today on three petitions questioning the government move to transfer P89.9 billion in excess funds of the Philippine Health Insurance Corporation (PhilHealth) to the national treasury.
The petitions against the transfer of the excess PhilHealth funds were filed by the groups of Sen. Aquilino Pimentel III and Bayan Muna chairperson Neri Colmenares, and 1SAMBAYAN Coalition together with members of the University of the Philippines Law Class 1975.
The oral arguments will tackle, among others, the following issues:
* Whether Special Provision No. 1(d) of the Unprogrammed Appropriations in the 2024 General Appropriations Act which authorizes the use of the Fund Balance of Government-Owned or Controlled Corporations to fund the identified purposes in the Unprogrammed Appropriations, was validly enacted.
* Whether the President’s certification as to the urgency of enacting House Bill No. 8980 violates Article VI, Section 26(2) of the Constitution.
* Whether Congress can increase the appropriations, including unprogrammed appropriations, initially submitted by the President under the National Expenditure Program.
* Whether the bicameral conference committee can increase the appropriations in the appropriations bill, or can insert a provision or item that was not originally in the appropriation bill.
* Whether Special Provision No. 1(d) is unconstitutional.
* Whether Special Provision No. 1(d) and Department of Finance Circular No. 003-2024 violate the constitutional right to health.
*. Whether Special Provision No. 1(d) is a prohibited rider within the contemplation of Article VI, Section 25(2) of the Constitution.
*. Whether Special Provision No. 1(d) amended or repealed Republic Act No 11346 or the Sin Tax Law.
* Whether DOF Circular No 003-2024 is valid.
The oral arguments were originally slated for January 14.
Last October, the High Court issued a temporary restraining order, halting the transfer of the third tranche of the PhilHealth fund amounting to P30 billion.
The SC said the injunction is “effective immediately.”
The first tranche of the PhilHealth unused funds amounting to P20 billion, was released on May 10. This was followed by the second transfer, made on August 21, amounting to P10 billion.
The petitioners argued that the circular issued by the Department of Finance on February last year allowing the fund transfer violated the 1987 Constitution.
ENOUGH FUNDS
The Department of Health, on the eve of oral arguments, assured PhilHealth members that it has enough funds to provide their benefits for the entirety of 2025.
In a statement, the DOH sought to allay fears of PhilHealth being incapable to finance the healthcare benefits of its members amid the recent financial issues it has encountered.
“Starting January 1, 2025, PhilHealth has been implementing its P284 billion corporate operating budget. This includes a 10% increase in benefits compared to last year,” said the DOH.
“DOH reaffirms Philippine Health Insurance Corporation’s financial capability to pay for the health benefits of all Filipinos for 2025 while also enhancing benefit packages,” it added. – With Gerard Naval