Doctors, lawyers file plunder, graft complaints vs Recto
MANILA, Philippines — A group composed of lawyers and doctors filed a formal complaint against former Finance Secretary Ralph Recto and former PhilHealth president Emmanuel Ledesma over the controversial transfer of P60 billion in PhilHealth reserve funds to the National Treasury.
The group, led by lawyer Rodel Taton, filed the complaint against Recto and Ledesma at the Office of the Ombudsman on Thursday, January 15. The complainants are seeking to hold the officials liable for technical malversation, grave misconduct, plunder, and violations of the Anti-Graft and Corrupt Practices Act.
"Without doubt, when Respondents Recto and Ledesma, Jr. caused the transfer of PhP60 Billion from PhilHealth excess reserve funds to the National Treasury to fund unappropriated programs, they committed deliberate transgression of the law, specifically RA 7875 as amended, and RA 11223," the complaint read.
"Indeed, the facts of the surrounding case show a clear intent to violate the law and constitute flagrant disregard of an established rule. Hence, both respondents should also be held liable for Grave Misconduct," it added.
According to the complaint, the respondents exhibited "gross inexcusable negligence" by failing to protect the funds despite the express prohibitions in the law.
They argued the transfer has caused "immense injury" to the Filipino people, as the money could have been utilized to improve health services for the underprivileged, elderly, and disabled.
"Seeing the huge opposition, prudence in handling public funds, the DOF secretary and the PhilHealth could have at least waited for the decision of the high court rather than doing actions that might cause irreparable injury in haste," the complaint read.
It can be recalled that on December 5, the Supreme Court ordered the return of P60 billion in PhilHealth excess funds from the national treasury back to the state health insurer.
PhilHealth had previously been instructed to remit a total of P89.9 billion in surplus funds to the national coffers.
In response to the complaint, Recto said that he respects "the right of any individual or group to seek legal remedies and to avail themselves of the processes provided under our laws."
"The issue has already been addressed by the Supreme Court, and the government has fully complied with its ruling. Consistent with this, funding for PhilHealth has since been restored and even augmented in order to better serve our countrymen," Recto's statement read.
"Let me also reiterate my innocence, as opined by Supreme Court Justices, that no criminal liability may attach to me, as former Secretary of Finance, for acting in good faith and in accordance with a direct mandate from Congress in ordering the remittance of PhilHealth's unused funds," he added.
On December 22, another group, the Save the Philippine Coalition, also filed complaints of malversation and violations of the Anti-Graft and Corrupt Practices Act against Recto and Ledesma.
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