SENATOR Panfilo Lacson on Sunday, August 23, 2020, said they have recommended the filing of graft, malversation and other charges against some Philippine Health Insurance Corporation (PhilHealth) officials over anomalous transactions.
He said charges of malversation, violation of the Anti-Graft and Corrupt Practices Act, violation of the National Internal Revenue Code, and perjury will be filed against PhilHealth president and CEO Ricardo Morales, 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.
With this recommendation, Lacson said the ball is now with the task force created by President Rodrigo Duterte to look into PhilHealth anomalies, particularly in identifying what charges to file.
He said the charges may also include plunder.
"Puwedeng pumasok sa plunder kaya lang mas mahirap i-prosecute ang plunder kasi nga nagkaroon ng jurisprudence," Lacson 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.
Lacson said the malversation charges stemmed from the implementation of the controversial interim reimbursement mechanism (IRM) prior to its effectiveness. The IRM allows health insitutions affected by calamities and other fortuitous events to advance from PhilHealth an amount equivalent to 90 days of benefit claims to serve as emergency fund.
"Lumalabas na hindi pa effective 'yung implementasyon ng IRM, namigay na sila ng pera. Umabot na ng P14.9 billion ang naipamigay. 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 said in a radio interview.
"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," he added.
He said charges of violation of the National Internal Revenue Code and the Anti-Graft and Corrupt Practices Act stemmed from the sourcing of the tax funds from the corporate operating budget which is illegal.
"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.
Lacson said they also concluded that the Philhealth officials lied while under oath in the hearing, making them accountable for perjury charges.
Lacson said the filing of charges has no implication to the PhilHealth board which includes Health Secretary Francisco Duque III.
He said the PhilHealth board should instead be strengthened and the power given to the executive committee, which he said was probably the mafia that was referred to by whistleblower Thorrsson Montes Keith.
"Lumalabas talaga, pangit man sabihin, sila (executive committee) talaga yung mafia," Lacson said.
"Palagay ko naman hindi ako nag-iisa sa may kaisipan na ganito na base sa pagdinig na ginawa natin, hindi lamang ngayon maski nung April, lumalabas na ang nagmamaneobra ng lahat at pati ng overpricing, pati yung pag-operate ng pondo ng PhilHealth, ay nasa execomm," he added.
The corruption issues at Philhealth surfaced following the resignation of Keith, who claimed there is a “mafia” within the agency which was responsible for a missing P15 million fund.
Keith said the funds were generated through fraudulent schemes, including the implementation of the IRM. (SunStar Philippines)