The Supreme Court of the Philippines will hold oral arguments on February 4, 2023, regarding three petitions that challenge the transfer of P89.9 billion in excess funds from the Philippine Health Insurance Corporation (PhilHealth) to the national treasury. Petitions were filed by groups led by Senator Aquilino Pimentel III, Bayan Muna Chairperson Neri Colmenares, and 1SAMBAYAN Coalition, citing concerns about the impact on healthcare access and the constitutionality of the transfer.
SC holds oral arguments on Feb. 4 on transfer of P89.9-B PhilHealth’s excess funds to national treasuryThe Supreme Court is set to hold oral arguments starting at 2 p.m. on Tuesday, Feb. 4, on three petitions that challenged the transfer of the P89.9 billion excess funds of the Philippine Health Insurance Corporation to the national treasury.
It was not known immediately if the SC would act on the already transferred funds after the oral arguments before it issues its final verdict on the three petitions.Whether the Special Provision No. 1 of the Unprogrammed Appropriations in the 2024 General Appropriations Act which authorizes the use of the Fund Balance of Government-Owned or Controlled Corporations to fund the identified purposes in the Unprogrammed Appropriations, was validly enacted.
Whether the Bicameral Conference Committee can insert a provision or item that was not originally in the appropriation bill.Whether Special Provision No. 1 and Department of Finance Circular No. 003-2024 violate the constitutional right to health. Whether the reserve funds of PhilHealth may be validly reverted to the National Treasury by virtue of a special provision in the GAA.
Former Bayan Muna congressman Ferdinand Gaite said that"siphoning funds from PhilHealth could negatively impact on the benefits of PhilHealth beneficiaries, while withdrawal of funds from PDIC could also affect depositors who rely on PDIC to insure their deposits in banks.” However, it lamented that up to the filing of the petition with the SC Recto had neither recalled the circular nor justified why the transfer of the unused funds is not contrary to law.
PHILIPPINES SUPREME COURT PHILHEALTH FUND TRANSFERS CONSTITUTIONALITY HEALTHCARE
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