DoJ: Transfer of PhilHealth to OP legal

THERE is no legal obstacle that would prevent the proposed transfer of the Philippine Health Insurance Corp. (PhilHealth) to the Office of the President (OP) from the Department of Health (DoH), the Department of Justice (DoJ) said.

In a legal opinion, Justice Undersecretary Raul Vasquez said it is the President’s prerogative as head of the executive department to place PhilHealth, an attached agency of the DoH, under the OP.

The transfer “is a legitimate exercise of the President’s power of control over the executive department, bureaus and offices, which justifies an executive action to carry out reorganization measures to ensure an efficient bureaucracy,” Vasquez added.

The legal opinion was in response to the letter of Health Undersecretary Kenneth Ronquillo

and the Presidential Management Staff on PhilHealth’s possible transfer.

Citing the Administrative Code of the Philippines, Vasquez said the President has continuing authority to reorganize the OP “in the manner he deems fit to carry out his directives and policies, in order to achieve simplicity, economy, and efficiency in government.”

Under the Universal Health Care (UHC) law, the government pays the premiums of people classified as indirect contributors. Under the UHC, the National Health and Insurance Program (NHIP) was extended to all Filipinos regardless of premium payments.

The transfer of PhilHealth to the OP has been opposed by some lawmakers.

Sen. Ana Theresia “Risa” Hontiveros said the proposed transfer is alarming, adding that the DoH should not abandon its responsibilities in carrying out the UHC Law.

“Why would the DoH even consider relinquishing its responsibility and accountability as the principal national health authority in charge of PhilHealth? As it is, under existing laws, PhilHealth is and should remain attached to DoH for policy coordination and guidance toward the realization of universal health care,” Hontiveros said in an earlier statement.