In honor of my late mother, Dr. Adelaida Lopez-Roque, I principally authored the Universal Health Care Act. It was the first bill I filed as a party-list representative on the first hour of the first day of the 17th Congress. I have a deep personal stake in its creation and enactment, so I will legally challenge any individual, agency or organization that attempts to violate it wantonly.
Dr. Lopez succumbed to renal failure after a five-year battle against diabetes. As part of the Filipino diaspora in the 1980s, my mother taught in prestigious academic institutions in the United States. She also inherited properties from my maternal grandparents.
Financially independent, my mother could support her hemodialysis thrice a week. The proud overseas Filipino worker also refused to become a burden to us, her children.
Unfortunately, the P36 million she spent on dialysis (other related medical expenses not included) was all for naught. Literally, her entire savings were wiped out on the day she died in 2013.
National service
While grieving, several ‘what-ifs’ ran through my mind. Foremost of which was the existence of a National Health Service – similar to the systems in the United Kingdom and Thailand – in our country that could have provided free medicine and treatment to my mother. If a financially secure person like her could end up in virtual penury, I could imagine what it would be like for underprivileged Filipinos.
What if there was a law that provides medical care and financial reprieve to every chronically ill citizen? What if the government institutes universal health coverage so hospitals will no longer require patients with diabetes, heart ailment or tuberculosis to pay out-of-pocket? From then on, the universal health care law in the Philippines became a personal crusade.
It also helped that I had prior experience with the British health care system in 1995. When I pursued my master’s degree in law at the London School of Economics and Political Science, I was surprised to learn that the National Health Service provided benefits to international students like me. I recall getting free medicine and blood exams for my diabetes from the community health service. I often told myself that the Philippine government should provide Filipinos with the same free and comprehensive medical coverage.
When I drafted the UHC bill, my priority concern was the plight of low-income Filipinos. Some of them would choose suffering and death over incurring medical expenses and debts. The law seeks to unburden these people of exorbitant medical services through timely medical intervention. Therefore, I also referenced Thailand’s National Health Security Act of 2002. It is the country’s version of universal health coverage, which has significantly reduced the out-of-pocket expenditure on health of Thai citizens.
Thus, it was a bittersweet moment for me when former president Rodrigo Duterte signed the Universal Health Care Act in 2019. The law ensures that every Filipino, including OFWs and their families, has equitable access to quality and affordable health care, goods and services. It provides free consultations, diagnostics, laboratory tests and certain medicines.
State obligation
In the last national elections, I espoused the platform of the right to life and health for all Filipinos. I advocated the creation of an NHS, which would implement the UHC instead of the Philippine Health Insurance Corporation (PhilHealth). I exposed fraudulent and corrupt activities in the institution (ghost dialysis, upcasing medical condition, missing funds) while I was a member of Congress and later a Cabinet secretary.
Articles 13 and 15 of the 1987 Constitution mandate the State to provide affordable health services and medical care, as well as promote health consciousness to every citizen, particularly the sick, underprivileged, elderly, disabled, women, children and paupers. The government cannot contravene these constitutional guarantees.
To my horror, a well-placed source in PhilHealth dropped the bomb on an anomalous decision by the Board of Directors concerning surplus funds of P89.9 billion. The amount constitutes an excess of the government subsidy over benefits payment expenses.
A memorandum dated May 10 disclosed that the Board approved the transfer of the said amount to the Department of Finance-Bureau of Treasury (DOF-BTr) supposedly to finance “other noble causes.” The agency transferred the first tranche of P20 billion to BTr on the said date.
But what exactly are these noble causes, pray tell? Is it for the alleged signature-buying spree related to the Cha-cha initiative? Is it intended to finance the election or re-election bid of several politicos close to the presidential family?
The tranche releases coincide with the pre-election and campaign season for the 2025 election.
PhilHealth will release the second and third tranches on Aug. 21 (P10 billion) and Oct. 16 (P30 billion). It will remit the final amount on May 26, 2005 (P29.9 billion).
The Board decision directly violates Section 11 of the UHC Act. “No portion of the reserve fund or income thereof shall accrue to the general fund of the National Government or to any of its agencies or instrumentalities, including government-owned or -controlled corporations.”
It also seems to infringe on our malversation and plunder laws. Under Republic Act 7080, the crime of plunder involves any public officer amassing at least P75 million in ill-gotten wealth. Meanwhile, malversation refers to any public officer that appropriates, misappropriates or permits another person to take such public funds or property (Revised Penal Code amended by RA 10951).
Therefore, I am horrified that this government is blatantly flouting the UHC Act and other existing laws. In the first place, PhilHealth should explain to every Filipino why it refused to allocate savings of the agency to purchase medicines and upgrade laboratory facilities in primary health care centers and provincial hospitals. I cannot think of anything more noble than saving the lives of ailing and impoverished Filipinos.
May I remind the powers-that-be that there is a special place in hell for kleptocrats and corrupt officials who toy with the lives of chronically ill people. To those involved in this anomalous transaction, I shall see you in court!