SC directs Recto, et al to comment on petition blocking PhilHealth funds transfer

The Supreme Court (SC) has ordered several senior government officials to submit their comments to a petition blocking the transfer of excess funds of the Philippine Health Insurance Corporation (PhilHealth).

“The Court required the respondents to file their comment to the petition and prayer for TRO (temporary restraining order) within a non-extendible period of 10 days from notice,” SC spokesperson Camille Ting said Thursday in a press conference.

“The Court further required the Office of the Clerk of Court en banc to personally serve the Court’s resolution on the respondents, which shall likewise personally file and serve its comment,” she added.

The en banc of the High Court made the decision during a session on Aug. 13, Ting said.

Filed on Aug. 2, the 38-page petition challenges General Appropriations Act 2024 and Department of Finance Circular 003-2023, that allows the transfer of PhilHealth’s P89.9 billion excess funds to the national treasury.

The petition was filed by the Philippine Medical Association, Senator Aquilino "Koko" Pimentel III, former finance undersecretary Cielo Magno, Dr. Ma. Dominga Padilla, and the Sentro ng mga Nagkakaisa at Progresibong Manggagawa, among others.

Meanwhile, the respondents are Finance Secretary Ralph Recto, the House of Representatives represented by Speaker Ferdinand Martin Romualdez; the Senate of the Republic of the Philippines, represented by Senate President Francis “Chiz” Escudero; Executive Secretary Lucas Bersamin; and PhilHealth, represented by its president, Emmanuel Ledesma Jr.

Recto earlier said P20 billion of PhilHealth’s excess funds will be transferred to the national treasury while the rest will be released on a staggered basis.

“That is good news to the petitioners because we will get to know the justifications of the respondents formally in writing. And the respondents actions and justifications will now be measured for legality using constitutional standards,” Pimentel told GMA News Online.

Meanwhile, the Department of Finance said Solicitor General Menardo Guevarra, will answer the queries raised on the case.

For his part, Escudero told GMA News Online that, “I actually don't even know and understand why the Senate was impleaded in the case because we were not responsible for the alleged 'diversion' and have no power to undo it.” 

“Anyway, we will comply with the SC order and file an answer basically stating this fact I mentioned above,” he added.

GMA News Online has reached out to the other respondents for their side on the matter.—RF, GMA Integrated News