THE Supreme Court has asked Malacañang and Congress to answer a petition seeking to stop the transfer of P89.9 billion from the Philippine Health Insurance Corporation (PhilHealth) to the national treasury to fund other government projects.
SC spokesperson Camille Sue Ting said the magistrates reached their decision to compel the executive and legislative departments to respond to the petition filed by opposition Sen. Aquilino “Koko” Pimentel III, former Finance undersecretary Cielo Magno, and several others, during the en banc session on August 13.
“The Court required the respondents to file their comment to the petition and prayer for TRO within a non-extendible period of 10 days from notice,” an SC briefer said.
The en banc also required its Office of the Clerk of Court to “personally serve the Court’s resolution on the respondents, which shall likewise personally file and serve its Comment.”
Joining Pimentel and Magno in the August 2 petition are constitutional law expert Dante Gatmaitan and the Philippine Medical Association.
Named respondents are the House of Representatives, Senate, Department of Finance, PhilHealth, and Executive Secretary Lucas Bersamin.
The petitioners said DOF Circular No 003-2024 issued in February this year, which allows the return of excess reserve funds of government-owned and controlled corporations (GOCCs) to the national treasury to fund unprogrammed appropriations, is “unconstitutional” and “illegal.”
“By taking out the alleged ‘unused funds’ which are pooled funds from members contribution, whether direct or indirect, Congress, DOF and PhilHealth, deprive the Filipino people access to quality and affordable health care goods and services,” the petitioners said.
“The fund transfer goes against our goal to have a comprehensive universal health insurance program for all Filipinos,” they added.
The petitioners said there is a pressing need for the High Court’s intervention as P20 billion of the P89.9 billion in PhilHealth funds have been transferred to the national treasury.
They also asked the High Court to issue a temporary restraining order and/or writ of preliminary injunction to prevent the transfer of funds and preserve and or restore the status prior to the transfer of the P20 billion to the national treasury last May.
