Last bulwark of democracy

The Supreme Court has always been referred to as the last bulwark of democracy. People’s continued faith in the judiciary demonstrates Filipinos’ high regard for the integrity of the nation’s highest court.

As the author of Republic Act No. 11223, or the Universal Health Care (UHC) Law, I am grateful for the individuals who, in behalf of the 120 million Filipino members of PhilHealth, challenged the illegal transfer of PhilHealth funds to the Bureau of Treasury.

I have a deep personal stake in the creation and enactment of the UHC Law. It was the first bill I filed as a party-list representative on the first hour of the first day of the 17th Congress.

I filed it to honor my mother, the late Dr. Adelaida Lopez-Roque, who succumbed to renal failure after a five-year battle against diabetes.  

While grieving, several “what-ifs” ran through my mind. Foremost of which was the existence of a National Health Service – similar to the system in the United Kingdom, where I studied college – in our country that could have provided free treatment and medicine to my mother. If the savings of a financially secure person like my mother, who taught in prestigious academic institutions in the United States in the 1980s, could be wiped out, I could just imagine what it would like for the great majority of our countrymen.

I thus feel strongly about the zero subsidy for health care in 2025.

Under UHC, all Filipinos are covered by PhilHealth, including those who cannot afford to pay the premiums, like the indigents and seniors, the so-called “indirect contributors,” since their contributions would come from sin taxes on alcohol, tobacco and sugary products.  

Allowing zero government subsidy, therefore, would contradict the violate UHC and the Sin Tax Law.

I am glad that Supreme Court Associate Justice Antonio Kho pointed this out when he said, and I quote, “We have laws that allocate funds to cover government subsidies for PhilHealth.”

Justice Kho further asked why the Department of Health failed to consider these tax collections during the preparation of PhilHealth’s subsidy request. 

With regards to the illegal fund transfer of PhilHealth funds, Republic Act 11223 stringently prohibits the transfer of any portion of its reserved fund or income to the national government, other agencies or instrumentalities like GOCCs (Section 11). In the Implementing Rules and Regulations on Program Reserve Funds, PhilHealth is mandated to set aside a portion of its accumulated revenues not needed to meet the cost of the current year’s expenditure as reserve funds (Section 11.1).

To recall, I made an earlier appeal not to continue with the transfer as a clueless and out-of-touch Marcos Jr. stubbornly defended government’s zero subsidy to PhilHealth. My reason is simple: it is clear as the sky that it is the working class, or those who pay the monthly premiums, who would shoulder the health care costs of the poor who do not have the funds to contribute.  

My heart jumped with joy listening to the point of Associate Justice Amy Lazaro-Javier. The lady magistrate, in her words, said, “Reserve funds, as it is named, are reserved and cannot be subject to the discretion of PhilHealth to be used for another purpose.”  

To stress her point, Justice Javier questioned the Marcos Jr. administration’s transfer of PhilHealth’s unutilized funds to finance “urgent” projects that were later discovered to be sufficiently funded in the 2024 budget. In particular, Justice Javier identified the Panay-Guimaras-Negros (PGN) Island Bridges Project, which she underscored had received full funding from the Export-Import Bank of Korea as well as additional allocations from the 2022 and 2023 national budgets.  

We must likewise bear in mind that PhilHealth is not a fund-raising or a revenue-generating institution.

I am therefore glad that Justice Javier made a similar observation when she mentioned that PhilHealth prioritized investments over program benefits and lower member contributions.  

Under Section 11.3 of Republic Act 11223, it is clearly stipulated: “Whenever actual reserves exceed the required ceiling at the end of the fiscal year, the excess of the PhilHealth reserve fund shall be used to increase the Program’s benefits and to decrease the amount of members’ contributions.”

We shouldn’t be content with the prevailing benefits. Every Filipino, especially the impoverished, disadvantaged and marginalized, are banking on PhilHealth to expand the medical services and lower the premium contributions of members.

I have always maintained that PhilHealth should use its savings to increase the case rates for chronic ailments afflicting many Filipinos and expand the limited financial coverage for illnesses that are the leading causes of mortality among all ages, especially children and the elderly. 

I am happy that PhilHealth, albeit late, listened to my pleas. I understand the PhilHealth Board recently increased case rates by 50 percent and expanded its benefit packages, which now include the top 10 mortality diseases in the Philippines.

The battle is far from over. Let us continue to be vigilant in expressing our vehement disapproval to the latest cuts on funds that would help improve health care. Having said this, I am thankful for Associate Justice Alfredo Benjamin Caguioa for flagging Commission on Audit Commissioner Douglas Michael Mallillin for defending the Department of Finance and PhilHealth during the oral arguments. 

I am one with the call of Justice Kho to overhaul the board of PhilHealth for not complying with what the law requires and return the P60 billion to PhilHealth.  

We know too well that these funds would be used to eliminate the Dutertes and their allies. Attack dogs against those opposing the Marcos-Araneta-Romualdez triumvirate do not come cheap in an election season. 

For now, we expect justice be done though the heavens fall. The Filipino people deserve no less.