SC issues TRO stopping transfer of PhilHealth funds to national treasury
The Supreme Court en banc, during its session Tuesday issued a temporary restraining order (TRO) to stop further transfer of PhilHealth funds to the national treasury.
The court consolidated the petition filed by 1SAMBAYAN Coalition et al. with the cases of Pimentel et al. v. House of Representatives et al. and Bayan Muna Chairman Neri Colmenares et al. v. President Ferdinand Romualdez Marcos.
All three petitions challenge the return of excess reserve funds from government-owned and controlled corporations to the national treasury to fund unprogrammed appropriations.
In a brief statement, PhilHealth President and Chief Executive Officer Emmanuel Ledesma said it will immediately adhere to the TRO issued by the High Court concerning the P89.9 billion ordered by the Department of Finance to be transferred.
Finance Secretary Ralph Recto said the Department of Finance (DOF) would respect the Supreme Court’s (SC) temporary restraining order in relation to the petitions filed questioning the utilization of Philhealth’s idle, unused, and excess funds.
Recto reiterated that the DOF’s move to sweep the idle, unused, and excess funds of government-owned and controlled corporations (GOCCs) is a mandate under Republic Act No. 11975 or the GAA 2024, which was approved by Congress.
So far, PhilHealth has transferred P60 billion via three tranches, or P20 billion last May 10, P10 billion last August 21, and P30 billion last October 16.
The last tranche, which is worth P29.9 billion, was to be transferred next November.
In the case of the 1Sambayan petition, the Supreme Court required respondents to file their comments on the petition and application for TRO or writ of preliminary injunction within a non-extendible period of 10 days from receipt of notice.
The Court further required the Office of the Clerk of Court En Banc to personally serve the Court’s resolution on the respondents, which shall likewise personally file and serve their comments. DMS
