PhilHealth fund transfer oral arguments set today, February 4

Credit to Author: Ian Laqui| Date: Tue, 4 Feb 2025 13:54:00 +0800

MANILA, Philippines — The Supreme Court will hear oral arguments today, February 4, regarding the petitions on the transfer of P89.9 billion in unused funds from the Philippine Health Insurance Corporation (PhilHealth).

The oral arguments will start at 2 p.m., according to the Supreme Court. 

The oral arguments were originally scheduled for January 14 but were moved to February 4. 

Lawyer Sonny Matula will present arguments for the petitioners-in-intervention, joined by lawyer Neri Colmenares representing the Bayan Muna petition, during today’s oral arguments.

Meanwhile, the Calleja Law Office will represent the 1Sambayan petition led by former Supreme Court Senior Associate Justice Antonio Carpio, while the Tañada Law Office will argue for the petition led by Sen. Koko Pimentel.

During the oral arguments, the petitioners, petitioners-in-intervention, and government respondents will present the merits of their cases and argue their positions before the Supreme Court.

One of the contentions to be argued before the Supreme Court t is the validity of the transfer of the reserve funds of PhilHealth to the national treasury and whether or not Congress can increase the amount of unprogrammed appropriations initially submitted by the president before the National Expenditure Program. 

On Oct. 29, 2024, the Supreme Court issued a temporary restraining order blocking the transfer of the remaining P29.9 billion unused funds of Philhealth to state coffers. 

The first tranche of unused funds, amounting to P20 billion, was transferred on May 10, followed by the second tranche of P10 billion on August 21.

The third tranche, totaling P30 billion, was transferred on October 16.

There are three petitions challenging the transfer of the unused funds which were all filed last year. 

The first is the Pimentel-led petition, along with former Finance Secretary Cielo Magno and other groups. 

They assailed the memorandum circular issued by the Department of Finance allowing the transfer of funds, arguing that it is unconstitutional.

The second petition was filed on September 6 by former representatives of Bayan Muna Party-list led by Colmenares.

The third petition was filed on October 16 by the 1Samabayan Coalition led by Carpio, lawyer Howard Calleja, and former Ombudsman Conchita Carpio-Morales, 

The petitioners argued that the Constitution only grants certain high-ranking officials the authority to transfer appropriations, excluding Finance Secretary Ralph Recto.

They also contended that PhilHealth funds are "special funds" and cannot be redirected unless their original purpose is fully achieved or discontinued, which does not apply in this case.

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