PhilHealth officials cleared of electioneering charges

No foul.

The Department of Justice has ruled out any political partisanship on the part of the Philippine Health Insurance Corp. officials who distributed PhilHealth cards with President Arroyo during the campaign period.

In DOJ Opinion No. 42, Acting Secretary Merceditas Gutierrez said the assistant vice presidents of PhilHealth’s regional offices were merely carrying out their duties and the President was entitled to witness the dispatch of these officials’ duties, being the top overseer of the government’s projects.

The PhilHealth AVPs’ distribution of the medical insurance cards does not fall within the bounds of the ban prohibiting civil servants from engaging in partisan political activities, Gutierrez added.

Gutierrez issued the legal opinion upon the request of PhilHealth president and chief executive officer Dr. Francisco Duque III.

Political partisan activity, she said, includes every form of solicitation of the elector’s vote in favor of a specific candidate. It is an act designed to promote the election or defeat of a particular candidate or candidates to public office and includes certain acts specified in the Omnibus Election Code.

"Mere issuance of PhilHealth insurance (identification) cards in the presence of the President, during the election campaign period, within the respective areas of jurisdiction of the PhilHealth officials concerned is not a form of solicitation of the elector’s vote in (the President’s) favor," Gutierrez said.

"There is no indication that the insurance ID cards are issued only to registered voters and for the purpose of obtaining their preference," she said. "Neither is there any indication that the officials concerned will ask the beneficiaries to vote for the President and the candidates under her party and to reject the opposition candidates," she added.

Gutierrez also said the PhilHealth insurance cards were issued to pre-qualified and enrolled beneficiaries for purposes of identification, eligibility verification and utilization recording and proof of membership in the program.

She said the "beneficiaries are entitled to them (the PhilHealth cards) regardless of whether it is election season or not or whether they are voters or not."

The acting justice secretary added that the issuance of the PhilHealth cards is mandated by law, specifically Section 23 of Republic Act 7875 and that the PhilHealth officials were merely discharging their mandate as heads of their respective provincial and regional offices.

The PhilHealth AVPs, she said, have full responsibility to ensure the speedy and efficient implementation of the law and are answerable for any nonfeasance.

If they delay or refuse to perform their legal duty, Gutierrez said, these PhilHealth officials may be directed by the Ombudsman to perform and expedite any act or duty required by law. Besides this, the PhilHealth AVPs may also face legal liabilities if they fail to dispatch their duties efficiently.

"The President’s appearance for election campaign in the respective areas of jurisdiction of the subject officials is not a ground for postponing or suspending the performance of the legal mandate ... For rules and regulations cannot restrict the terms and provisions of the law," she said.

"The President is entitled to witness the performance of a legal duty by her subordinates, such as the issuance of PhilHealth insurance ID cards, because she has the constitutional duty to ensure that the laws be faithfully executed — a duty the performance of which is not suspended during the election campaign period," she said.