CAGAYAN de Oro City Rep. Rufus Rodriguez today urged the Supreme Court to set for next month the hearing on the questionable transfer of P89.9 billion in Philhealth funds to the national treasury.
He made the appeal after the tribunal scheduled oral arguments for Jan. 14, 2025.
“I appeal to the Supreme Court to hear oral arguments early next month, not in mid-January. Otherwise, it will be too late. The entire P89.9 billion will have been remitted to the treasury by November,” Rodriguez said.
“Magastos na ang lahat ng pondo pagsapit ng Enero. Wala nang ibabalik sa Philhealth. The hearing will have lost its usefulness. Aanhin pa ang damo kung patay na ang kabayo?” he said.
Philhealth transferred P20 billion Philhealth funds to the national treasury last May 10, and P10B last August 21. P30B will be transferred on October 16 and the remaining balance of P39.9B in November, all this year.
Rodriguez, a former law dean, reiterated that the Philhealth fund transfer violates Republic Act No. 11223 or the Universal Health Care Act.
He quoted Section 11 of the law, which states: “Philhealth shall set aside a portion of its accumulated revenues not needed to meet the cost of the current year’s expenditures as reserve funds: Provided that the total amount of reserves shall not exceed a ceiling equivalent to the amount actuarially needed for two years’ projected program expenditures; Provided further that whenever actual reserves exceed the required ceiling at the end of the fiscal year, the excess of the Philhealth reserve fund shall be used to increase the program’s benefits and to decrease the amount of members’ contributions.”
It also violates RA 11467 and RA 10963, which mandate the allocation of revenues raised from excise taxes on alcohol products, tobaccos and sweetened beverages to Philhealth for the actual implementation of the Universal Health Care Programs.
He said a provision of the 2024 General Appropriations Act mandating that excess funds of government corporations may be ordered remitted to the national treasury cannot be used as basis for the transfer.
He invoked the ruling of the Supreme Court in Philconsa, et al vs. Salvador Enriquez, et al (GR No. 113105). Enriquez was a former budget secretary.
“The Supreme Court ruled that a provision in an appropriations act cannot be used to repeal or amend other laws,” he said.
Earlier, Rodriguez urged President Ferdinand Marcos Jr. to order the return of P89.9 billion to Philhealth.
