SC asked to order return of P164-B PhilHealth, PDIC funds
Bayan Muna, one of the petitioners challenging the controversial transfer of Philippine Health Insurance Corp. (PhilHealth) funds to the national treasury, filed its legal memorandum in the Supreme Court on Monday, urging justices to strike down key provisions of the 2024 national budget as unconstitutional and to order the return of P60 billion to the state health insurer and P104 billion to the Philippine Deposit Insurance Corp. (PDIC).
The filing complies with Chief Justice Alexander Gesmundo’s directive for petitioners, respondents and amici curiae to submit a consolidated summary of their arguments following last month’s oral arguments on the fund transfers.
In its 52-page memorandum, Bayan Muna reiterated its plea for the high court to declare as unconstitutional and void the Presidential Certification of House Bill No. 8980; the P449.5 billion in unprogrammed appropriations under the 2024 General Appropriations Act (GAA); and Section 1(d) of XLIII of the unprogrammed appropriations in the 2024 GAA.
The group also seeks to void all actions stemming from these measures, including Department of Finance Circular 003-2024 and the transfer to the national treasury of P60 billion from PhilHealth and P104 billion from PDIC, arguing that the funds must be returned to the respective institutions.
“[The] transfer of the subject funds is unconstitutional and any spending of the same cannot be cured by the claim to health-related expenditures,” the petitioner, led by Bayan Muna chair Neri Colmenares, said.
3 consolidated cases
Bayan Muna’s petition is one of three consolidated cases challenging the transfer of excess reserve funds from government-owned and controlled corporations to the national treasury for unprogrammed appropriations.
These appropriations are part of the national budget and serve as a financial reserve for projects or expenses not specifically detailed in the approved spending plan.
In October 2024, the Supreme Court issued a temporary restraining order halting the further transfer of P89.9 billion in excess PhilHealth funds to the national treasury, following the earlier remittance of P60 billion and a fourth and final tranche of P29.9 billion scheduled in November 2024.
