The Supreme Court (SC) has been asked to exclude the Senate’s participation in the petition that challenged the constitutionality of the transfer to the national treasury of the P89.9 billion unutilized funds of the Philippine Health Insurance Corporation (PhilHealth).

In a manifestation submitted to the SC, Senate President Francis “Chiz” Escudero said the issues raised in the petition fall under the jurisdiction of the Judiciary and the Executive branches of government.

Thus, Escudero – through the Office of the Solicitor General (OSG) --pleaded the SC to dispense with the comment required in the petition that questioned the constitutionality of Department of Finance (DOF) Circular No. 003-204 and Section 1(d) of XLIII of Republic Act 11975, the 2024 General Appropriations Act (GAA), on Unprogrammed Appropriations. 

Earlier, the OSG – in behalf of the Office of the President – had sought the dismissal of the petition filed by Sen. Aquilino “Koko” Pimentel III; Ernesto Ofracio, Junice Lirza D. Melgar, Cielo Magno, Ma. Dominga Cecilia B. Padilla, Dante B. Gatmaytan, and Ibarra Gutierrez; Sentro ng Mga Nagkakaisa at Progresibong Manggagawa, Inc.; Public Services Labor Independent Confederation Foundation, Inc.; and the Philippine Medical Association.  They said they represent both the direct and indirect PhilHealth contributors.

The SC had earlier required the respondents in the petition -- Finance Secretary Ralph G. Recto, the House of Representatives represented by Speaker Ferdinand Martin Romualdez, the Senate represented by Senate President Francis Chiz Escudero; Executive Secretary Lucas P. Bersamin; and PhilHealth represented by its President Emmanuel Ledesma Jr. – to comment on the petition.

The petitioners told the SC that “the pilfering of the reserve funds is a grave disservice to the Filipino people who depend on PhilHealth for financial risk protection from illness and who are still heavily burdened by out-of-pocket health expenditure.”

They also said that Section 1(d) of XLIII of the GAA 2024 was an “inserted” provision on unprogrammed appropriations.

The assailed DOF Circular directs the transfer of unused subsidies from government-owned and-controlled corporations (GOCCs), specifically PhilHealth amounting to P89.9 billion, to the national treasury to bolster the government’s unprogrammed appropriations   

In its comment for the OP, the OSG said that contrary to the claim of the petitioners, Section 1(d) of XLIII of the 2024 GAA “is not a rider” and does not violate Section 25 (2) and Section 26(1) of Article VI of the Constitution. 

In lieu of comment, the Senate told the SC: “Hence, it is the humble submission of the Senate that the crux of the matter involves the interpretation and implementation of the questioned provision that falls under the jurisdiction of the judicial and Executive branches of the government, respectively.” 

The Senate pointed out that it merely enacted a provision in RA 11975 that allows funding for the unprogrammed appropriations under the condition that there subsist fund balances for the government-owned and controlled-corporations as mandated under Section 1(d) of XLIII of the GAA.

It also noted that with the House of Representatives, it merely performed a constitutional duty in enacting RA 11975.

Another petition has been filed to declare void the amount of P449.5 billion inserted in the unprogrammed appropriations under the 2024 GAA, and Section 1 (d) of XLIII of the Unprogrammed Appropriations in the GAA.     

The second petition was filed by Bayan Muna Chairman Neri Colmenares, Bayan Muna Vice Chairman Teodoro A. Casiño, Bayan Muna Executive Vice President Carlos Isagani T. Zarate, and former Bayan Muna representative Ferdinand R. Gaite.

Named respondents in the petition of Colmenares’ group were President Marcos, Executive Secretary Lucas P. Bersamin, the Senate of the Philippines, and the House of Representatives.

The group wanted the SC to nullify the Presidential Certification of Urgency for House Bill No. 8980 or the General Appropriations Bill absent the existence of any calamity or emergency under Article VI, Section 26(2) of the Constitution. 

It asked the SC to void the amount of P449.5 billion inserted in the Unprogrammed Appropriations under the 2024 General Appropriations Act (GAA), and Section 1 (d) of XLIII of the Unprogrammed Appropriations in the 2024 GAA.

The SC had required the respondents to comment in 10 days upon receipt of the notice.

During a press briefing last Monday, Sept. 9, SC Spokesperson lawyer Camille Sue Mae L. Ting said the oral arguments will be held on Jan. 14, 2025.

In the meantime, Ting said that the pleas for temporary restraining order (TRO) may still be tackled and resolved by the SC any time before the oral arguments on the two petitions that have been consolidated into one case.