Leaders of the NAGKAISA Labor Coalition and allied trade unions has filed a motion to intervene before the Supreme Court (SC), seeking to stop the transfer of Php89.9 billion from PhilHealth’s reserve fund to the National Treasury.
Stating it was a move to protect healthcare funds, the 16 labor intervenors were led by Atty. Jose Sonny Matula, president, Federation of Free Workers (FFW-NAGKAISA Labor Coalition), together with Daniel Edralin, secretary general, National Union of Workers in Hotel Restaurant and Allied Industries (NUWHRAIN-NAGKAISA); Renato Magtubo, chairperson, Partido Manggagawa (PM-NAGKAISA); Julius Cainglet, vice chair for Labor, Church-Labor Conference; Grace A. Estrada, president, Pinay Careworkers Transnational (PIN@Y); Alfredo Maranan, FFW national treasurer; Jun Ramirez Mendoza, union president of Vishay Employees Philippines Union-FFW and national vice president, FFW; Judy Ann Chan Miranda, chairperson, Nagkaisa Women Committee and general secretary, PM-NAGKAISA; Vilma Garcia, union president, De La Salle Medical and Health Sciences Institute Employees Union-FFW and national board member, FFW; Rene L. Capito, national president, Alliance of Filipino Workers (AFW); Elija R. San Fernando, national vice president, National Federation of Labor (NFL); Rene De Mesa Tadle, president, Council of Teachers and Staff of Colleges and Universities of the Philippines (CoTeSCUP); Emerito C. Gonzales, union president, UST Faculty Union (USTFU); Dennis Gutierrez, union president, Interphil Laboratories Employees Union-FFW; Rolando Librojo, convenor, Kilusang Artikulo 13 (A.13); and Atty. Danilo C. Isiderio, FFW Legal Center.
NEGATIVE SOCIAL JUSTICE
The intervenors asserted that the fund transfer is an act of negative social justice that would adversely affect the nation’s healthcare system and its beneficiaries, particularly “those who have less in life.”
The workers’ motion comes after Sen. Koko Pimentel filed a petition for certiorari and prohibition in light of the impending transfer of Php89B funds, which the NAGKAISA and its allies argue is unconstitutional and detrimental to the expansion and improvement of PhilHealth’s basic health benefits and services.
Of the said Php 89.9 billion PhilHealth’s reserve fund, Php30 billion has already been transferred, with additional funds set to follow.
“We have exhausted administrative remedies but to no avail. Our letters to PBBM and to (Finance) Secretary Raph Recto and Philhealth remain unacted,” said NAGKAISA chair Matula. “They remain unmovable in their course of action, and resorting to the Supreme Court is now our legal imperative.”
PRIORITIZING PUBLIC INTEREST
Citing the Supreme Court’s decision in Ople v. Torres (G.R. No. 127685), the labor groups under NAGKAISA emphasized the court’s duty to prioritize public interest and avoid procedural technicalities when issues of paramount importance are at stake.
“When the issue concerns public interest or is of paramount importance, courts have the duty to brush aside technicalities of procedure and resolve the matter with dispatch to avoid injustice and provide a just and prompt remedy,” the SC ruling stated.
As counsel of the labor coalition, Matula said that the workers and their families—who are the primary beneficiaries of PhilHealth— “are at risk of losing the health benefits and services that these funds are intended to provide.”
“This transfer is a blatant act of negative social justice, diverting much-needed resources away from those who have less in life, away from improving healthcare services, and towards projects that are vulnerable to misuse and corruption,” he added.
The labor leader underscored the importance of supporting Sen. Koko Pimentel’s earlier petition questioning the transfer of PhilHealth funds to the National Treasury.
“Kailangan ang suporta tulad ng pag-intervene sa petisyon na inihain ni Sen. Koko Pimentel, na kumukuwestiyon sa paglipat ng pondo ng PhilHealth. Ang hakbang ng paglipat ng pondo ay labag sa prinsipyo ng katarungang panlipunan na itinatadhana ng Saligang Batas [We need to support Sen. Koko Pimentel’s petition questioning the transfer of PhilHealth funds. The act of transferring funds is a violation of the social justice principle of the Constitution],” Matula said.
PHILHEALTH’S US$450M ADB LOAN
The intervenors expressed concern over what they see as a lack of understanding and strategic planning in utilizing PhilHealth funds to enhance healthcare.
Matula said: “It Is an irony that, as the PhilHealth transfers its funds to the government, it received a $450M policy loan from the Asian Development Bank (ADB) approved in December 2023 to boost the universal health care program.”
“We cannot understand this. Why give back funds to the National Treasury, then secure a loan to help achieve the universal health care mandate? It’s like wasting our resources for health twice over to fund unprogrammed projects?” Matula said.
The SC en banc has set January 14, 2025 as the date for oral arguments on the transfer of P89.9 billion funds of Philippine Health Insurance Corp. (PhilHealth) to the National Treasury.
