MANILA, Philippines — The Supreme Court has moved the hearing on cases challenging the transfer of the Philippine Health Insurance Corporation’s (PhilHealth) P89.9 billion excess funds to the national treasury to Feb. 5, 2025.

Initially set for Jan. 14, 2025, the oral arguments were postponed through a Court En Banc resolution issued on November 12, as announced by the Supreme Court Public Information Office on Monday, December 2.

Since the temporary restraining order was issued on October 29, the remaining P29.9 billion in unused funds has not been transferred to the national treasury as originally scheduled for November.

However, three tranches totaling P60 billion have already been transferred from May to October.

The resolution acknowledged PhilHealth's compliance, which included its submission of responses to the Court's questions on November 7. PhilHealth was represented by the Office of the Government Corporate Counsel.

On November 8, the Office of the Solicitor General filed the compliance of the House of Representatives, Finance Secretary Ralph Recto, Executive Secretary Lucas Bersamin, President Ferdinand Marcos Jr., and the Senate.

However, their response was described as “limited,” as the respondents in Bayan Muna’s petition indicated that certain questions would be better addressed by PhilHealth.

Meanwhile, the legal counsel for petitioners-in-intervention, supporters of the petition, also filed their compliance and submitted responses on November 8.

These exchanges between the Supreme Court, petitioners, and respondents are necessary in preparation for the oral arguments in February 2025. 

Three groups have filed petitions to prevent the national treasury from taking control of PhilHealth’s unused funds as government savings or unprogrammed appropriations. 

They argue that the transfer is unconstitutional, asserting that the funds should be used to enhance benefit packages and reduce out-of-pocket expenses for members as part of the implementation of the Universal Health Care Act. 

They pointed out that the funds should only be redirected once they have been fully utilized by the state-run insurance firm for their intended purpose. If this objective is not met or if the original intent is discontinued, then the transfer would be improper.

Sen. Aquilino “Koko” Pimentel III99bet, former Finance Secretary Cielo Magno, and other individuals and groups were the first to file. They were followed by Bayan Muna Chairperson Neri Colmenares and other representatives. The third petition was filed by the 1SAMBAYAN Coalition.

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