Drug war, POGOs, PhilHealth fund issues reach SC

Controversial issues plagued the nation throughout the year – from investigations into alleged human rights violations during the previous administration's drug war which reached the International Criminal Court, the uncovering of illegal activities in Philippine offshore gaming operator (POGO) hubs that led to the downfall of the industry, and inquiries into the use of public funds by the country's second-highest ranking official in the country.

- DAPHNE GALVEZ

Some of these issues landed in the Supreme Court (SC), which has the duty to settle actual controversies involving rights that are legally demandable and enforceable, and to determine if any branch or instrumentality of government has acted with grave abuse of discretion amounting to lack of excess of jurisdiction.

PhilHealth funds

Among the contentious issues that shook the nation is the impounding of P89.9-billion “unused” funds from the Philippine Health Insurance Corp. (PhilHealth) to the national treasury in a bid to augment unprogrammed appropriations in the 2024 budget.

The issue has sparked debate among lawmakers, health care professionals and the public, raising concerns about the legality and ethical implications of diverting funds earmarked for health care to other budgetary needs.

The Department of Finance (DOF) issued Circular 003-2024, which directed the transfer of unused subsidies from all government-owned and controlled corporations (GOCCs), including PhilHealth, to the national treasury to finance unprogrammed appropriations in the national budget.

Unprogrammed funds are those included in a government’s budget that serve as a financial reserve for projects, programs or expenses that are not specifically itemized or detailed in the budget.

These funds serve as a contingency fund, which allows the government to address unforeseen or emergency expenditures that arise during the fiscal year. But the unprogrammed appropriations have become the new congressional pork barrel.

The DOF circular, which was based on the General Appropriations Act for 2024, prompted several groups to file a petition for certiorari before the SC.

Three petitions – which have been consolidated – have been filed before the SC.