PhilHealth cannot modify court decision on its own — DOJ exec

An official of the Department of Justice (DOJ) on Wednesday said the Philippine Health Insurance Corp. (PhilHealth) cannot unilaterally modify or alter a decision of the court on cases they are involved in.

DOJ Undersecretary Adrian Sugay made the remark after it was revealed in an earlier hearing that PhilHealth Internal Legal Department senior manager Atty. Rogelio Pocallan Jr. came up with a legal opinion that was used as a basis for the reversal of a Court of Appeals decision on the case of Cebu-based Perpetual Succor Hospital.

During the continuation of a House joint panel inquiry into the PhilHealth issue, Sugay said that Ombudsman Samuel Martires, who used to be a Supreme Court associate justice, had pointed out to him and to Pocallan that "the only body who can modify the decision is the court itself."

"Ang sinasabi niya, kung gusto i-modify ang decision based on the exceptions on the immutability of the decision, the party should file the proper motion before the court which issued the decision. Itong PhilHealth, hindi nila pwedeng gawin yun on their own," Sugay said.

"What they can do, if they are so authorized under the charter or under the law creating PhilHealth is maybe to enter into a compromise agreement with the hospital but of course this is subject sa kanilang charter or the law creating PhilHealth," he added.

After Sugay gave his opinion, Pocallan relented and agreed that PhilHealth cannot modify a court decision.

"I think you are correct. The decision of the court should not be modified especially if it is final and executory," he said.

Legal opinion

In a previous hearing, Pocallan admitted that the PhilHealth board used a legal opinion he gave in reversing the Court of Appeals decision on the case of Perpetual Succor Hospital.

The said hospital was found guilty of two counts of extending a patient’s period of confinement in violation of the PhilHealth law.

The Court of Appeals 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.

Although lawmakers pointed out to him that the CA decision was final and executory, Pocallan stood by his opinion, saying it was affirmed by the Office of the Government Corporate Counsel.

Pocallan's reasoning irked lawmakers, causing him to be cited in contempt and detained at the House premises for three days.

He was released from detention on Monday morning. — RSJ, GMA News