Philippine Supreme Court Disallows SEC Procurement of Medicard Insurance Premiums
The
This was the ruling of the Supreme Court En Banc in a Resolution partly granting the petition for certiorari under Rule 64 in relation to Rule 65 of the Rules of Court filed by the
In 2010 and 2011, the
Under the Securities Regulation Code (SRC), the
However,
In resolving the petition, the Court stressed that pursuant to Section 75 of the SRC, the use of income generated by the
Such "existing laws" include the Special Provisions for the
Thus, the
The Court added that the disallowed payments to Medicard cannot be considered as having been made for the purpose of
Neither can the disallowed payments be deemed a form of capital outlay since they were not spent for the "purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of Government," said the Court.
The Court further ruled that the disallowed health care insurance payments, being a form of personnel benefit, aptly fall within the ambit of "personal services" which is an expense category for "basic pay, all authorized allowances, bonus, cash gifts, incentives and other personnel benefits of officials and employees of the government." "Personal services" is an expense category separate and distinct from MOOE and capital outlays, stressed the Court.
As to who are civilly liable for the disallowance, the Court referred to the rules of return laid down in its 2020 Decision Madera v. COA, which state that approving and certifying officers who acted in good faith are absolved from civil liability, while those in bad faith are civilly liable. The rules also state that all recipients, whether approving or certifying officers or mere passive recipients, are liable to return the disallowed amounts received by them.
In the present case, however, the payees who received the health care benefits in good faith were absolved by the COA and their liability was no longer raised as an issue before the Court. As to the approving and certifying officers, the Court found that the factual circumstances support a finding that they acted in good faith in authorizing or taking part in the authorization of the disallowed health care insurance benefits. Hence, they are also absolved from civil liability. (Courtesy of the Supreme Court Public Information Office)
Full text of G.R. No. 251615 (
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Original text here: https://sc.judiciary.gov.ph/sc-disallows-sec-procurement-of-medicard-insurance-premiums/
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