SC justice to gov鈥檛 lawyer: 鈥榃here is the money?鈥�
Amy Lazaro-Javier —SUPREME COURT WEBSITE
MANILA, Philippines — “Where is the money?”
An Associate Justice of the Supreme Court (SC) asked the government’s lawyer on the need to use the unutilized funds of the Philippine Health Insurance Corporation (PhilHealth) when a loan was granted specifically for the Panay-Guimaras-Negros (PGN) Island Bridges.
During the continuation of the oral argument on the petition questioning the legality of the transfer of PhilHealth’s unutilized funds to the national treasury, Associate Justice Amy Lazaro-Javier said the PGN Island Bridges project is already fully funded by the Export-Import Bank of Korea for P174.49 billion.
READ: SC issues TRO vs transfer of PhilHealth funds to National Treasury
“Why is there an urgency to transfer [funds] when the (PGN) project is already fully funded by the Export-Import Bank of Korea,” Lazaro-Javier asked.
Article continues after this advertisementLazaro-Javier asked if the fund intended for PGN that came for the bank loan in Korea was moved to other unprogrammed funds in the government.
Article continues after this advertisementGuevarra said he would have to check if it has been moved to unprogrammed government funds or if it was deferred.
“How can the government have moved this when it is a loan intended for that purpose?” Lazaro-Javier said and asked if the government has spent even a single centavo on the project even though it has not even started.
“There is nothing to spend for if the project has not even started,” Guevarra said.
“So, where is the money?” Lazaro-Javier asked to which Guevarra said the money “went presumably to the national treasury to use it for projects and programs under the unprogrammed appropriations.”
Lazaro-Javier added that the unprogrammed funds cover no specific national roads.
“It depends on the implementing agency to determine which specific road project it wants to be implemented from the funds available,” Guevarra said.
The associate justice also pointed out that the 2024 General Appropriations Act has set aside P15 million for the maintenance of national roads under its Special Road Fund, P1.6 billion under the maintenance, repair, and rehabilitation of infrastructure and other related activities, and P463 million under maintenance, repair, rehabilitation of national bridges which are all under the Department of Public Works and Highways (DPWH).
“Considering all these fundings, why is there a need to get additional funds for the same road maintenance under the category of unprogrammed appropriations,” the justice asked.
The oral argument is about the petitions against the transfer of PhilHealth’s excess funds were filed by the groups of Sen. Aquilino Pimentel III and Bayan Muna Chairperson Neri Colmenares, and 1SAMBAYAN Coalition together with members of the University of the Philippines Law Class 1975, Senior for Seniors Association, Inc., Kidney Foundation of the Philippines, and other private individuals.
Named respondents in the petitions were Department of Finance (DOF) Secretary Ralph G. Recto, the House of Representatives represented by Speaker Ferdinand Martin Romualdez, the Senate represented by Senate President Francis Chiz Escudero; Executive Secretary Lucas P. Bersamin; and PhilHealth represented by its President Emmanuel Ledesma Jr.
On October 29, 2024, the Supreme Court issued a restraining order against the transfer of funds. However, out of the P89.9-billion excess funds, P60-billion was already transferred to the national treasury.
Oral argument will continue on March 4.
