Labor coalition Nagkaisa on Sunday called on the Office of the Ombudsman to create a fact-finding task force that will investigate and penalize those involved in the transfer of P60 billion worth of funds from the Philippine Health Insurance Corp. (PhilHealth) to the National Treasury.
The Supreme Court earlier declared as unconstitutional a special provision in 2024 General Appropriations Act (GAA) which authorized the transfer of the supposed excess funds, and voided a Department of Finance (DOF) circular that instructed PhilHealth to remit a total of P89.9 billion to the National Treasury.
In its decision issued on Dec. 3, the high court ordered for the P60 billion that was already remitted to be returned to PhilHealth through the 2026 GAA while the transfer of the remaining P29.9 billion was permanently prohibited.
As one of the petitioners-in-intervention who questioned the transfer of the PhilHealth funds, Nagkaisa said it welcomed the Supreme Court ruling but noted that ‘clearly, the fight does not end here.’
The group pointed out that according to the high court, ‘a petition for certiorari under rule 65 is not a vehicle to hold officials criminally or civilly liable.’
In its ruling, the Supreme Court declined the petitioners’ request to determine the alleged liability of then Finance Secretary Ralph Recto for technical malversation and/or plunder over the transfer of PhilHealth funds.
It said a petition for certiorari and prohibition is not the proper remedy to adjudge criminal liability or innocence for technical malversation and/or plunder, as it is a special civil action that is limited to a determination of grave abuse of discretion.
The high court ruled that President Ferdinand R. Marcos Jr. did not commit grave abuse of discretion when he certified as urgent House Bill No. 8980, which is now the 2024 GAA, noting that the move was approved by Congress, which has the sole authority to decide whether or not a certification of urgency is valid.
Moreover, Supreme Court justices who submitted their respective separate opinions also noted that no criminal liability can attach to the DOF secretary as he was found to have acted in good faith in implementing the special provision authorizing the transfer.
In response, Nagkaisa urged the Ombudsman to create a fact-finding task force that will determine ‘who approved, implemented and benefited from the diversion to unprogrammed appropriations and unfunded infrastructure projects, including alleged ‘ghost’ projects.’
PDIC fund transfer
A separate task force should also be created to probe the P107 billion worth of Philippine Deposit Insurance Corp. funds that was transferred to the National Treasury in compliance with the 2024 GAA, which would be used for ‘similarly questionable unprogrammed infrastructure,’ Nagkaisa said.
‘Public trust funds for health care and deposit insurance are not pork barrel. If the money of the people was used, it is the duty of the Ombudsman to know who benefitted-and hold them accountable,’ said Nagkaisa.
The group criticized Recto, now the executive secretary, for saying that the transfer of PhilHealth funds was a ‘common sense approach to optimize government coffers without resorting to additional borrowing or new taxes.’
‘Logic and common sense protect workers’ health contributions and depositors’ insurance, not raid them for pork barrel shortcuts. Taking money from the sick and the poor to bankroll ghost projects is negative social justice, not fiscal wisdom,’ said the group.