SC stops transfer of PhilHealth funds

The Supreme Court (SC) has issued a temporary restraining order (TRO) on the transfer of "excess" funds of the Philippine Health Insurance Corp. (PhilHealth) to the national treasury.

- DAPHNE GALVEZ and LOUISE MAUREEN SIMEON

The decision, made in full court session yesterday, is effective immediately, according to SC spokesperson Camille Sue Mae Ting.

The TRO has effectively stopped the scheduled transfer in November of P29.9 billion, representing the fourth and final tranche of the PhilHealth funds amounting to P89.9 billion that the Department of Finance (DOF) ordered impounded to fund the unprogrammed appropriations in the national budget.

PhilHealth had already transferred P20 billion in May, P10 billion in August and P30 billion this month.

"Over the past few months, there were already transfers of funds from PhilHealth to the national treasury to unprogrammed appropriations. The TRO is just really to prevent the further transfer of more funds from PhilHealth to the national treasury," Ting said at a press briefing.

She said it is still possible for the SC to tackle the petitioners' plea for a status quo ante order, which would allow the return of the funds already transmitted to the state coffers.

There are three consolidated petitions challenging the constitutionality of the PhilHealth fund diversion.

Senate Minority Leader Aquilino Pimentel III, former finance undersecretary Cielo Magno, 1Sambayan Coalition led by former Supreme Court associate justice Antonio Carpio and the Bayan Muna party-list are the petitioners.

The respondents are Finance Secretary Ralph Recto, the House of Representatives represented by Speaker Martin Romualdez, the Senate represented by Senate President Francis Escudero, Executive Secretary Lucas Bersamin and PhilHealth president Emmanuel Ledesma Jr.

The SC has set the oral arguments on the petitions on Jan. 14, 2025.

Recto said the DOF will respect the SC decision. PhilHealth's Ledesma made the same commitment in a statement. "We fully respect and will abide by the decision of the Supreme Court on the issue," Ledesma said.