Universal health care superior to appropriations act

Generalia specialibus non derogant. A legal maxim that states a special or specific law prevails over a general law. Between two conflicting statutes, the courts are predisposed to give precedence to the special act. The Supreme Court has highlighted this elementary statutory construction in several cases.

By assumption, lawmakers and heads of executive departments – as law implementers – should be familiar with the principle. It appears not to be the case for those involved in the transfer of P90-billion excess funds of the Philippine Health Insurance Corporation (PhilHealth) to the Bureau of Treasury (BTr) under the Department of Finance (DOF).

I have always stressed that Section 11 of the Universal Health Care Act mandates PhilHealth to utilize its excess reserve fund to increase the benefits and decrease the premiums for its membership. It also prohibits the transfer of the reserve fund to the national government or government-owned or controlled corporations (GOCCs).

Thus, PhilHealth should use its savings to increase the case rates for chronic ailments afflicting many Filipinos. The agency should expand the limited financial coverage for illnesses that are the leading causes of mortality among all ages, especially children and the elderly. It should utilize the funds to lower the premiums, which rose to five percent this year.

It will be a welcome pre-State of the Nation Address gift of the Marcos government to every Filipino plagued by inflation. Only four percent of the populace are happy that President Bongbong Marcos Jr. was able to lower the price of rice per kilo, according to Pulse Asia. Twenty-one percent of Filipinos distrust him, second only to the presidential cousin. His approval rating has nosedived by 31 percent since becoming president in 2022. Another survey firm reported that 58 percent of Filipinos rated themselves poor in June (Social Weather Station). The Chief Executive cannot afford to further alienate and offend the people by his misgovernance and apathy.

Secretary Ralph Recto, an original proponent of the Universal Healthcare Act in the Senate, has justified the DOF directive as compliant with all laws, particularly the 2024 General