By Fernan Angeles
THE SENATE wants the Department of Justice to file charges against Philippine Health Insurance Corp. (PhilHealth) chief Ricardo Morales and other high-ranking officials over the multi-billion fiasco at the state health insurer.
Senator Panfilo Lacson hinted at the Senate recommendation wanting PhilHealth officials top face charges for malversation of public funds, violation of the Anti-Graft and Corrupt Practices Act, violation of the National Internal Revenue Code, and perjury.
Aside from Morales, recommended to be charged are Fund Management Sector senior vice president Renato Limsiaco Jr., senior vice president and chief information officer Jovita Aragona, and senior ICT officer Calixto Gabuya Jr., he said.
Lacson said that the PhilHealth officials clearly committed malversation when they implemented the interim reimbursement mechanism (IRM) when the circular providing for it had not been deemed effective, and that funds were also transferred to dialysis centers, infirmaries, and maternity centers even if they could not be considered as responding to “fortuitous” events.
“Lumalabas na hindi pa effective ‘yung implementasyon ng IRM, namigay na sila ng pera. Umabot na ng P14.9 billion ang naipamigay,” he said.
“E doon sa mismong IRM, sa circular, ‘yung 2020-0007, nakapaloob doon na ang date of effectivity after publication sa isang pahayagan of general circulation, tapos ‘and,’ hindi naman ‘or,’ yung pagbigay ng kopya doon sa ONAR, or Office of the National Administrative Register sa UP Law Center. June 11 ‘yung nakalagay doon,” Lacson added.
PhilHealth senior vice president Atty. Rodolfo Del Rosario Jr. has also admitted that the release of the IRM funds before June 11 was illegal.
“Pangalawa, hindi saklaw ng fortuitous event ‘yung nabigyan nila ng P226 million. Ito ‘yung mga dialysis centers. Pangatlo, walang board resolution kasi in-issue ‘yung IRM, March 20, pagkatapos ang dissemination date ay April 22,” Lacson also said.
“Hindi naman ang sinasabi ng Committee of the Whole na huwag nating bigyan ng tulong. Ang sinasabi lang merong ibang program para doon. Sa regular benefit claims dapat nakapaloob ‘yung para sa ibang mga dapat bigyan ng tulong,” he added.
As if charges he mentioned were not enough, the senator is also looking at possible violation of the National Internal Revenue Code and the Anti-Graft and Corrupt Practices Act.
“Meron pang violation ng National Internal Revenue Code tapos may falsification pa. May anti-graft pa, ‘yung RA 3019, kasi hinugot nila doon sa corporate operating budget ‘yung pondo. E pera ng gobyerno ‘yun. Hindi puwedeng gamitin ‘yun na pambayad ng tax,” he said.
But while the Senate has already recommended charges against PhilHealth officials, it is up to the task force created by the President to decide which charges will be filed, which could include plunder, Lacson added.
“Puwedeng pumasok sa plunder kaya lang mas mahirap i-prosecute ang plunder kasi nga nagkaroon ng jurisprudence,” he said.
“Mas madaling ipasok sa Anti-Graft, pero wala namang magpe-prevent sa task force kasi hindi naman kami ang magfa-file ng demanda kundi ‘yung task force na crineate ni Presidente na pinapangunahan ng DOJ secretary,” he added.
However, Lacson admits, nothing in the information they got from the Senate hearing seemed linking Health Secretary Francisco Duque III. “As far as the Senate [is concerned], walang nag-implicate sa board.”
Resigned PhilHealth anti-fraud officer Thorsson Montes Keith earlier claimed that the PhilHealth “mafia,” composed of the executive committee, stole some P15 billion through fraudulent schemes, including those involving the IRM.
PhilHealth, in a statement, has since denied such claims.