SC asks gov’t to comment on suit vs. unprogrammed appropriations

By Benjamin Pulta, Philippine News Agency

FILE: Facade of Supreme Court of the Philippines (PNA photo)

MANILA – The Supreme Court has ordered the government to comment on a petition questioning the constitutionality of a provision on unprogrammed appropriations (UA) in the 2024 national budget, tapping PHP89.9 billion in unutilized funds of the Philippine Health Insurance Corp. (PhilHealth).

“The Court required the respondents to file their Comment to the petition and prayer for TRO (temporary restraining order) within a non-extendible period of 10 days from notice. The Court further required the Office of the Clerk of Court En Banc to personally serve the Court’s resolution on the respondents, which shall likewise personally file and serve its Comment,” the SC said in a statement.

The petitioners were led by Senate Minority Leader Aquilino Pimentel III and groups representing PhilHealth contributors.

The petitioners challenge Section 1(d) of XLIII of the General Appropriations Act (GAA) 2024, and Department of Finance Circular 003-2023, which allows the return of excess reserve funds of government-owned and -controlled corporations or GOCCs to the national treasury to fund unprogrammed appropriations.

The petitioners described the measure as “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.”

The group likewise claimed that the provision in the 2024 GAA on UA is unconstitutional for being a “rider” and exceeds Congress’ power to appropriate funds.

They said that maneuvering of PhilHealth funds violates the people’s constitutional right to health by denying them access to quality and affordable health care goods and services.

“The petitioners are confident they have a strong case,” the petition read.