CRIMINAL and administrative complaints filed by mid-level personnel of the Philippine Health Insurance Corporation (PhilHealth) last year against 11 of their superiors for alleged harassment have been junked by the Office of the Ombudsman.
The complainants accused their officials of retaliatory action for whistleblowing on irregularities in the agency.
In a 29-page resolution, the anti-corruption body said it found no probable cause to support the allegations of violation of Section 3 (e) of RA 3019 (Anti-Graft and Corrupt Practices Act), grave misconduct, oppression, and conduct prejudicial to the best interest of the service against the respondents.
Cleared of liability were former PhilHealth acting president Roy Ferrer, interim president Celestina Ma. Jude dela Cerna, executive vice president (VP) Ruben John Basa, senior VP Dennis Mas, VP Shirley Domingo, senior VP for legal Rodolfo del Rosario, supervising health program officer Raul Dominic Badilla, senior VP Israel Pargas, corporate legal counsel Angelito Grande, PhilHealth-NCR lawyer Lawrence Mijares, and Human Resources acting senior manager Leila Tuazon.
The complaint was filed by the “Mindanao group” composed PhilHealth Region 12 VP Miriam Grace Pamonag, Region 4 VP Johann Paolo Perez, Autonomous Region in Muslim Mindanao VP Khaliquzzman Macabato, Region 7 VP William Chavez, Region 11 VP Dennis Adre, Region 10 VP Masiding Alonto, assistant corporate secretary Valerie Hollero, and Caraga regional office lawyer Jelbert Galicto.
The group was tagged “heroes” last year by PhilHealth board member Alejandro Cabading during a Senate investigation into alleged fund irregularities in the health pension agency.
Whistleblower Thorrsson Montes Keith then told senators the members of the group were not in any position to steal, contrary to the accusation that they were acting as a “Mafia” in PhilHealth.
The complainants said the respondents took retaliatory action against them after they filed cases against members of the PhilHealth board of directors, testified at the House on irregularities inside PhilHealth, and refused to cooperate with PhilHealth management on the accreditation of fraudulent health care institutions.
The PhilHealth regional officers said their superiors initially issued suspension orders against all of them, followed by dismissal orders against Pamonag and Galicto in 2019.
Perez, Macabato, Chavez, and Adre were also re-assigned to other regional offices.
While verifying that the preventive suspensions and reassignments were imposed, the Ombudsman said it found “insufficient evidence” that the moves were part of any conspiracy to cause injustice.
Rather, the investigators said such actions were seen only as performance of official functions by the PhilHealth officials.
The Ombudsman likewise noted that the complainants only named Ferrer and Dela Cerna in their complaints but provided no explanation why the other ranking officials would act in concert against them.
The investigators said allegations of conspiracy cannot be presumed but must be backed by sufficient evidence.
In addition, the Ombudsman cited the pendency of petitions filed by the regional officers at the Civil Service Commission, citing similar grounds as the complaint and seeking recall of the orders of suspension and reassignment.
Sen. Panfilo Lacson said he hopes cases filed by the Department of Justice against PhilHealth officials out of the Senate Committee of the Whole hearings will not be dismissed.
“We are confident that the pieces of evidence that we as well as those compiled by the DOJ are strong enough not only to establish probable cause but ensure the conviction of those facing charges of violations of the anti graft laws, falsification of public documents and other related cases,” Lacson said in a statement.
The Senate Committee of the Whole last year conducted a series of hearings on reported anomalies in PhilHealth, including the alleged illegal disbursement of its Interim Reimbursement Mechanism, alleged manipulation of financial records, and irregularities in the purchase of information technology equipment, among others.
The Senate recommended the filing of criminal charges against top PhilHealth officials, including Health Secretary Francisco Duque III, PhilHealth board chairman, and former PhilHealth president and chief executive officer Ricardo Morales.
The charges recommended were malversation of public funds or public property, illegal use of public funds or property, violation of the Anti-Graft and Corrupt Practices Act, violation of the National Revenue Code, and violation of RA 1051 on withholding taxes. — With Raymond Africa
