DOJ indicts WellMed owner on estafa, falsification of docs over illegal kidney treatments

MANILA, Philippines (Update 2, 6:19 p.m.) — The Department of Justice has recommended the filing of charges of the complex crime of estafa through falsification of official documents against WellMed Dialysis and Laboratory Center owner Bryan Sy and two others over the alleged money-making scheme from fraudulent kidney treatments.

In a resolution released Friday, the state prosecutor found probable cause to indict Sy on 17 counts of estafa and falsification of documents charges over allegations that Philippine Health Insurance Corp. funds were used for non-existent kidney treatments.

Also to be charged in court are Edwin Roberto, a former employee of WellMed, and PhilHealth official Liezel de Leon, both are whistleblowers of the scheme.

Justice Undersecretary Markk Perete said in a statement: "The investigating prosecutor found that the Wellmed officers conspired in using falsified documents to collect payments from PhilHealth for alleged medical services to patients who were already dead."

The state prosecutor meanwhile recommended the seven WellMed officials, who remain at large, to undergo preliminary investigation.

They are:

• Dr. John Ray Gonzales, medical director
• Claro Sy, chairman of WellMed
• Alvin Sy, corporate treasurer of WellMed
• Therese Francesca Tan, purchasing officer of WellMed
• Dick Ong, administration officer of WellMed
• Dr. Porshia Natividad, physician
• Dr. Joemie Soriano, physician
• Perete, who is also the Justice department’s spokesperson, added that the resolution did not indicate the amount for bail.

Justice Secretary Menardo Guevarra said that the charges “may be bailable for each out.” The amount could be found in the information or charge sheet, but it has yet to be released to media.

According to the NBI's complaint, Roberto narrated in his sworn affidavit that on March 30, 2016, Sy ordered him "to try to charge a dialysis billing amounting to P2,600 PhilHealth claims of dead individuals."

"Because of such, he [Roberto] instructed de Leon to generate PhilHealth Benefit Eligibility Form coming from the PhilHealth Portal together with the Claim Form 2 and Member's Data Record," the complaint read.

Roberto also alleged that prior to his resignation in March 2018, "a total amount of P600,000 composing 200 dialysis sessions were settled by PhilHealth to WellMed Dialysis & Laboratory Center Corporation."

The NBI said Thursday that it will expand its probe to include PhilHealth officials and other medical institutions.