EDITORIAL - No urgency for SC

Perhaps Supreme Court officials and personnel don’t worry about their health care coverage. Acting on a petition filed by various groups, seeking an injunction and challenging the constitutionality of the impounding by the Department of Finance of P89.9 billion in “unused” funds of the Philippine Health Insurance Corp., the SC has set the oral arguments for Jan. 14, 2025.

By that time, the transfer of the funds to the national treasury to finance “unprogrammed appropriations” – the latest incarnation of the congressional pork barrel – would have been completed. And by that time, the General Appropriations Act of 2025, which could have the same provision that allowed the transfer, would be in effect.

The first tranche of P20 billion was transferred from PhilHealth to the national treasury last May 10, with the same speed that the bicameral conference inserted the provision in the 2024 GAA, allowing the impounding of unused funds of all government-owned and controlled corporations including PhilHealth to finance pork barrel projects. The second tranche of P10 billion was transferred on Aug. 21. A third tranche of P30 billion is set for transfer on Oct. 16, and the final one of P29.9 billion in November.

Petitioners, including the Philippine Medical Association and Senate Minority Leader Aquilino Pimentel Jr., say the impounding violates and further derails the implementation of the Universal Health Care Act, which requires either a cut in PhilHealth member premiums or an expansion in coverage in case of any excess funding. They argue that PhilHealth funds are in the nature of provident funds, which belong to direct and indirect contributors and should not be used for other purposes. The provision in the GAA, which the DOF cites as basis for its circular ordering the transfer, was also an illegal “rider” inserted at the last minute by lawmakers to finance their pork barrel, which effectively amended all laws creating each GOCC including PhilHealth.

The Office of the Solicitor General has defended the government’s move. But six former secretaries of health and at least 65 medical organizations have opposed the impounding of the funds for unprogrammed appropriations. The SC had previously ruled against such pork barrel-type allocations, so it should see the urgency in stopping further transfers from PhilHealth funds, until the legality of the move is settled with finality.

With the SC taking its sweet time resolving the issue, however, the transfer will become a fait accompli long before the oral arguments start.