PhilHealth exec cited for contempt, detained at House

A joint committee of the House of Representatives on Thursday cited in contempt a Philippine Health Insurance Corp. executive for telling the panel that a decision rendered by the Court of Appeals could be overturned by the agency.

During the continuation of the House panel inquiry on the alleged irregularities at PhilHealth, Cavite Representative Elpidio Barzaga Jr. moved that Internal Legal Senior Manager Atty. Rogelio Pocallan Jr. be cited in contempt.

Barzaga was not satisfied by the Pocallan's remarks on the reversal of the Court of Appeals (CA) ruling on the case of Cebu-based Perpetual Succor Hospital.

"I most respectfully move that we cite Atty. Pocallan for contempt for misleading the lawyers as well as the public that an administrative agency like PhilHealth can change or modify the decision of the Court of Appeals which is already final and executory," Barzaga said.

Deputy Speaker Dan Fernandez seconded Barzaga's motion, and with no objection from the members of the panel, House Committee on Public Accounts chair Mike Defensor declared the motion was carried.

Pocallan will be detained at the House of Representatives until Monday, August 31.

The motion came after lawmakers brought up the issue of Perpetual Succor Hospital, which was found guilty of two counts of extending a patient’s period of confinement in violation of the PhilHealth law.

The CA decision penalized Perpetual Succor with a three month suspension and a P10,000 fine, affirming an earlier PhilHealth decision.

But PhilHealth ultimately reversed the CA decision and penalized the hospital with a mere P100,000 fine, and restitution of all benefits unnecessarily paid for by PhilHealth.

During the hearing, Deputy Speaker Rodante Marcoleta asked who among the lawyers of PhilHealth crafted the legal opinion that the CA decision on the Perpetual Succor Hospital case could be changed, to which Pocallan admitted it was him.

Marcoleta said Pocallan, in his opinion, supposedly gathered certain pieces of jurisprudence saying that "even the principle of finality of judgment can be changed."

Pocallan, however, said that this opinion was not for the case of Perpetual Succor Hospital but for another case of Medina General Hospital in 2018.

In the case of Medina General Hospital, Pocallan said a whistleblower came to the PhilHealth board of directors who expressed concern that there might be irregularities in the court's decision on the case.

The PhilHealth board then asked for opinion from Pocallan's office. He said he warned the board of a perception of partiality if they would alter the court's decision.

It was then, according to Pocallan, that he said the matter should be reported to the Office of the Government Corporate Counsel (OGCC).

Pocallan, however, admitted that the PhilHealth board used his opinion on the Medina case as justification in reversing the CA decision on the Perpetual Succor case, which Marcoleta insisted was wrong.

"Samakatuwid, kahit pala final and executory na ang isang decision, kayang kaya niyo palitan? Bakit? Mas mataas ka pa ba sa Court of Appeals?" Marcoleta asked Pocallan.

Pocallan, nevertheless, stood by his opinion, saying it was affirmed by the OGCC.

Pocallan's reasoning irked Barzaga which prompted him to move that the PhilHealth official be cited in contempt.

"That will constitute misconduct in procedures. I think most lawyers will agree with me that there must be financial finality," Barzaga said.

"[This will set a] very dangerous precedent. Even if there is a decision coming from the Supreme Court, they can modify or change although final and executory," he added.

After the motion was carried, personnel from the House Sergeant at Arms office escorted Pocallan out of the plenary hall to bring him to his detention area. -NB, GMA News