Several political groups and personalities quickly claimed victory in Supreme Court’s voidance of Philippine Health Insurance Corporation (PhilHealth)’s remittance of P60 billion of its funds to the national treasury.
The Supreme Court, in a unanimous decision issued last December 3, voided Special Provision 1(d), Chapter XLIII of the 2024 General Appropriations Act (GAA) as well as DOF Circular No. 003-2024 ordering the transfer of PhilHealth’s P89.9 billion to the national treasury.
Based on records however, it had been a lonely fight for former Senator Aquilino Pimentel III in the Senate and the Makabayan coalition of progressive partylists in the House of Representatives (HOR) to keep the funds off the hands of the Ferdinand Marcos Jr. administration.
The Makabayan bloc in the HOR was then composed of ACT Teacher’s Rep. France Castro, Kabataan Rep. Raoul Manuel and Gabriela Women’s Rep. Arlene Brosas.
It was executive secretary Ralph Recto in 2023 who proposed the scheme that also included the transfer of Philippine Deposit Insurance Corporation’s P107.23 billion.
Recto justified his scheme as late as last April that the fund transfer is giving the monies straight to Filipinos, and is legal, moral, and economically sound.
A compliant Senate and HOR approved the 2024 national budget law, including senators who now said the welcome the order’s voidance by the high court.
Under the 2024 GAA, the amounts were ordered remitted to so-called unprogrammed funds that were later revealed to be the funding sources of several anomalous public works projects as well as kickbacks to corrupt politicians such as Marcos Jr. himself.
A total of P60 billion of Philhealth’s had been transferred by October 2024 while P29.9 was set to be transmitted by November of the year until the high court issued a restraining order following a petition led by former Bayan Muna Rep. Neri Colmenares against the move’s constitutionality.
‘Success has many friends’
Other politicians and groups, including those who approved the 2024 GAA, were among those who welcomed the decision and claimed victory.
Sen. JV Ejercito, neither a petitioner against the order nor an opponent of the 2024 GAA, described the Supreme Court’s return order as a “welcome correction.”
“From the very beginning, we made it clear that these funds belong to PhilHealth,” Ejercito said.
“We should not call this ‘excess funds’ considering that funds set aside for health care are not enough. Many of our countrymen cannot afford to pay for medical and hospital expenses,” he said.
Among the petitioners against the fund transfer was Akbayan Party that exclaimed victory after SC’s announcement.
“We have long campaigned for the return of PhilHealth’s funds and now SC’s decision is clear—the people’s money should be spent for the people!” the group said.
Akbayan chairperson Sen. Risa Hontiveros also welcomed SC’s voidance of the PhilHealth fund transfer, saying the decision clearly affirmed that the transfer of the funds was unconstitutional.
“The Supreme Court decision is clear: The transfer of PhilHealth’s reserve funds violates the Constitution…I thank the Supreme Court for correcting government’s huge mistake here,” she said.
As a member of the 2023 bicameral committee however, Hontiveros was among those who approved the special provision that ordered the funds transfers.
‘Apologize first’
Taumbayan Ayaw sa Magnanakaw at Abusado Network Alliance – TAMA NA convenor and De la Salle University Professor David Michael cautioned other parties from claiming credit for the hard-won victory.
San Juan pointed out that only former senator Pimental and Makabayan bloc were the only consistent opponents of the scheme.
“Incredible! Almost all of the Senate and the HOR approved of the fund transfer meant only for healthcare!” he said.
San Juan said other parties should not celebrate when its own party mate signed the bicameral report approving the transfer, clearly alluding to Akbayan and Hontiveros.
“Mag-sorry muna bago maki-celebrate sa tagumpay ng mga mamamayan,” he added. (Apologize first before claiming victory with the people.)
Bagong Alyansang Makabayan president Renato Reyes Jr. also said the members of the 2023 bicameral committee should be held accountable for the unconstitutional scheme.
They include lawmakers who voted for the bicameral report, the President who made it into law and finance officials who implement the illegal special provision, Reyes said.
Still, Bayan Muna’s Colmenares described their court victory as a significant development for the right to health of the people.
“We have long argued that the right to health is self-executing and does not need an implementing law to be a source of right. We can use this decision in cases where the right to health is violated,” Colmenares said in a statement.
It appears however that the P60 billion had already been spent and the Marcos administration’s proposal to pay the amount to PhilHealth is to include it in the 2026 GAA.
This means it would be taxpayers who would pay for the “mistake.”
It is yet unclear if the High Court decision also applies to the PDIC funds already remitted to the national treasury. # (Raymund B. Villanueva)
