The Supreme Court (SC) issued a temporary restraining order (TRO) against the Philippine Health Insurance Corporation (PhilHealth) to enjoin the further transfer of its funds to the national treasury, during its session on Tuesday, October 29.
The Court also required that 1Sambayan file their comments on the petition and application for TRP and/or Writ of Preliminary Injunction within a non-extendible period of 10 days from receipt of the notice. Before that, three petitions were filed to challenge the return of excess reserve funds from government-owned and controlled corporations to the national treasury to fund unprogrammed appropriations.
Due to that, the SC required the Office of the Clerk of Court En Banc to personally serve the Court’s resolution on the respondents. Petitioners, 1Sambayan, Senator Aquilino “Koko” Pimentel, and Bayan Muna, previously sought to prohibit the transfer of PhilHealth’s unused funds under the General Appropriations Acts (GAA).
According to them, the State is required to protect and promote the right to health of the people and instill health consciousness among them. Moreover, under the Republic Act (RA) No. 11223 or the Universal Health Care Act (UHCA), every Filipino will be granted access to quality and affordable health care.
The act also highlights PhilHealth’s role in providing “social health insurance and financial risk protection” as a way to alleviate the economic effects when faced with an illness of a family member.
However, some of PhilHealth’s funds were recently taken away through the Special Provisions of the General Appropriations Act of 2024. Under the said act, funds from other sectors can be transferred to other government agencies such as infrastructure and social services.
In August this year, Sen. Risa Hontiveros advised PhilHealth not to transfer the remaining unused funds worth Php 70 billion to the national government. She emphasized the healthcare sector’s need for more services, citing that funds can be allocated for the benefit of Filipinos.
Meanwhile, Akbayan Party-list first nominee Chel Diokno, in October, also urged the government to use the unspent funds to bolster services for senior citizens, persons with disabilities (PWDs), and indigent Filipinos.
“Redirecting these vital funds away from healthcare is a betrayal of the most vulnerable among us,” the petition submitted indicated.
“The future of millions of Filipinos hangs in the balance, and the Petitioners implore the Honorable Supreme Court to act now to protect the citizens' right to health and the promise of a better tomorrow,” it added.
