Cagayan de Oro Rep. Rufus Rodriguez urged the Supreme Court (SC) Thursday to immediately issue a temporary restraining order (TRO), preventing further transfers of PhilHealth funds to the national treasury.
Rodriguez made the appeal after SC spokesperson Camille Sue Mae Ting said the tribunal might act on petitions questioning the constitutionality of the transfer of P89.9 billion in PhilHealth funds to the treasury earlier than the hearing it has scheduled for January 14 next year.
“We laud the high court for this willingness, but this gesture will be more impactful if the tribunal issues a TRO now to prevent further transfers and the use of the money by executive agencies,” Rodriguez said.
He said unless a restraining order is issued immediately, PhilHealth might turn over the balance of almost P60 billion to the treasury as early as next weekend.
Rodriguez said PhilHealth transferred P20 billion last May 10 and the balance of the P89.9 billion is to be turned over between next month and December.
“Next week will already be November. So, the window for the Supreme Court to prevent the handover of the balance is closing,” he added.
At the same time, Rodriguez urged President Marcos to order the Department of Finance and the Department of Budget and Management to withhold the use of the transferred PhilHealth funds in deference to the Supreme Court.
He said the President should also ask PhilHealth to hold any further remittance. “Let us respect the high court. Let us await its decision on this issue.”
Roqriguez said if the executive uses the funds while the petitions are pending, it might be accused of acting in bad faith and lack of prudence.
The Mindanao lawmaker warned officials responsible for the remittances and disbursement of the funds that they would be facing criminal charges in case the Supreme Court declares the transfers are unconstitutional.
Health advocates, joined by retired Supreme Court Justice Antonio Carpio and Sen. Aquilino Pimentel lll, have challenged the PhilHealth fund transfer before the high court. The petitioners said the handover rises to the crime of plunder.
Last Sept. 12, Rodriguez asked the SC to hear the petitions earlier than its Jan. 14, 2025 schedule.
Solon appeals for urgent TRO to stop transfer of PhilHealth funds
