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Sunday, February 9, 2025

SC hears oral arguments vs. PhilHealth funds transfer

The Supreme Court (SC) on the bench heard Tuesday the oral arguments of the three consolidated petitions, challenging the transfer of the P89.9 billion Philippine Health Insurance Corporation (PhilHealth) funds to the national treasury to finance unprogrammed appropriations (UA).

Two cases were filed separately by Senator Aquilino Pimentel III and 1Sambayan Coalition against the House of Representatives while activist Neri Colmenares and his co-petitioners lodged their complaint against President Ferdinand Marcos, Jr.

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The petitioners argued that the UA is already part of the national expenditure program (NEP) under the proposed new appropriations and also in the Budget of Expenditures and Sources of Financing (BESF) under total new appropriations.

Eventually, they said it is part of the General Appropriations Act (GAA), which was subject to the President’s veto message for conditional implementation.

They noted that UA increased the total new appropriations from P4.3-trillion to P4.75 trillion citing bicameral committee report for the 2024 GAA.

The challengers asked the Supreme Court to declare Special Provision No. 1 (d) of the UA as unconstitutional as it amends or repeals Universal Healthcare Act and Sin Tax Laws.

Further, they said that the same provision as well as the Department of Finance (DOF) Circular 003-2024 violates the constitutional right to health.

In October, the SC issued a temporary restraining order (TRO) to enjoin the transfer of said funds.

The High Tribunal required the attendance of Finance Secretary Ralph Recto, Health Secretary Teodoro Herbosa, and PhilHealth President Emmanuel Ledesma, Jr., and the members of the board of directors.

Among the legal resource persons identified by the SC include former Finance Secretary Margarito Teves, Orville Solon, Zy-za Suzara, Sonny Africa, and Beverly Ho.

The Office of the Solicitor General represented respondents House of Representatives, Senate of the Philippines, DOF, and Executive Secretary Lucas Bersamin in delivering their arguments.

Meanwhile, the Office of the Government Corporate Counsel represented PhilHealth before the SC.

Earlier today, Dr. Edwin Mercado took oath as PhilHealth’s new president and CEO before President Ferdinand Marcos Jr., replacing Ledesma, Jr.

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