PhilHealth probe to proceed; more execs to face raps: DOJ

The initial report submitted by the Task Force Philhealth concluded that the totality of the evidence “supports the reasonable conclusion that wrongful acts or omissions on the part of certain key corporate officers of PhilHealth have been committed.” (File Photo: Philippine Health Insurance Corporation/Facebook)

MANILA – Justice Secretary Menardo Guevarra on Tuesday clarified that the investigation of the task force into the anomalies hounding the Philippine Health Insurance Corp. (Philhealth) would continue following the submission of an initial report to President Rodrigo Duterte.

“Our report is about our initial findings only. Further investigations will be conducted and more people may be charged,” Guevarra told reporters.

Guevarra said the Office of the Ombudsman and other constitutional bodies such as the Commission on Audit (COA) and the Civil Service Commission (CSC) attended the meetings/hearings of the task force upon its invitation, for the purpose of pursuing their own independent investigations/audits.

“They were something like ‘guest participants’ in the fact-finding aspect, but they had no hand in the evaluation and recommendations made by the DOJ (Department of Justice),” Guevarra said.

The initial report submitted by the Task Force Philhealth concluded that the totality of the evidence “supports the reasonable conclusion that wrongful acts or omissions on the part of certain key corporate officers of PhilHealth have been committed.”

It added that such negligence gives rise to both administrative and criminal liability under the following: (1) R.A. No. 3019 for Graft and Corrupt Practices Act; (2) the Revised Penal Code for Malversation of Public Funds or Property and Illegal Use of Public Funds or Property; and Gross Misconduct and Gross Neglect of Duty, among others, under Civil Service laws.

The task force also noted that the failure to withhold taxes constitutes a violation of the National Internal Revenue Code.

“While it found the Board negligent in some of its decisions, the Task Force nevertheless noted that such negligence was “mitigated by the active concealment of vital documents and the apparent misrepresentation by those who have sought the Board’s approval,” the report said.

The task force has initially recommended the filing of the following criminal complaints against the officers of PhilHealth:

-President and chief executive officer Ricardo C. Morales, for violation of Sections 3(e), (g) of RA No. 3019; Malversation of Public Funds or Property and Illegal Use of Public Funds or Property under the Revised Penal Code; and violation of Sections 251, 255 and 272 of the National Internal Revenue Code;

-Executive vice president and chief operating officer Arnel de Jesus for violation of Section 3(e) of RA No. 3019;

-Senior vice president Jovita V. Aragona, chief information officer and head of the Information Management Sector, for violation of Sections 3(a), (e), (g) of RA No. 3019; Frauds against the public treasury and similar offenses under the Revised Penal Code;

-Senior vice president Renato Limsiaco Jr. for violation of Section 3(e) of RA No. 3019; and Malversation of Public Funds or Property under the Revised Penal Code;

-Senior vice president Israel Francis A. Pargas of the Health Financial Policy Sector for violation of Section 3(e) of RA No. 3019;

-Officer in charge Calixto Gabuya Jr. for violation of Sections 3(e), (g) of RA No. 3019; and Frauds against the public treasury and similar offenses under the Revised Penal Code; and,

-Division chief Bobby A. Crisostomo for violation of Section 3(a) of RA No. 3019.

The task force also recommended that administrative charges for, among others, dishonesty, gross neglect of duty, grave misconduct, and conduct prejudicial to the best interest of the service, be filed against these individuals.

It said its composite teams are still continuing with the investigations to determine the liability of others involved in similar or other wrongful practices in the state insurer.