Former Bayan Muna representatives have asked the Supreme Court to immediately decide on consolidated petitions questioning the transfer of P89.9 billion in excess funds from the Philippine Health Insurance Corp. (PhilHealth) to the national treasury.
In a Motion to Resolve filed on Wednesday, October 21, former lawmakers Neri Colmenares, Ferdinand Gaite and Carlos Isagani Zarate urged the high court to rule on the merits of the petitions and issue ‘constitutional guidelines’ to prevent similar budgetary irregularities in the future.
‘Petitioners most respectfully pray that the consolidated petitions be immediately resolved on the merits and that the Court issue constitutional guidelines to ensure a budgetary process that abides by the 1987 Constitution,’ the motion read.
The petitions challenge what the group described as ‘questionable budgetary practices’ involving the transfer of government-owned and -controlled corporations’ reserve funds to the national treasury for unprogrammed appropriations.
Call for constitutional clarity
Bayan Muna said that despite President Ferdinand Marcos Jr.’s decision to return P60 billion of PhilHealth’s excess funds to the state insurer, the lack of clear constitutional parameters could still allow ‘unconstitutional and illegal acts’ to recur in future budget cycles.
‘Even if public outrage deters such abuses for the 2026 GAA, the absence of defined parameters invites similar tactics in future GAAs once attention and anger subside,’ the group said.
The petitioners also asked the high court to define:
The limits of presidential certification of urgency;
The prohibition against amending bills already approved on third reading by a small committee; and
Whether the bicameral conference committee can insert new or unapproved items into the budget.
They further sought clarification on whether Congress can reclassify unprogrammed appropriations to increase the national budget beyond constitutional limits.
PhilHealth, PDIC fund transfers
The Bayan Muna petition is part of consolidated cases pending before the Supreme Court questioning the legality of transferring P89.9 billion from PhilHealth and P106 billion from the Philippine Deposit Insurance Corp. (PDIC) to the treasury.
The high court issued a Temporary Restraining Order (TRO) in 2024, halting the transfer of the remaining P29.9 billion after the first P60 billion had already been remitted earlier that year.
Previous transfers included P20 billion on May 10, P10 billion on August 21, and P30 billion on October 16, 2024.
Oral arguments began on February 21 and concluded on April 3 this year.