Former congressman Harry Roque has filed criminal complaints against former PhilHealth acting president Roy Ferrer and 10 other former and incumbent officials of the agency for allegedly failing to execute a court order suspending a hospital.

Ferrer and incumbent PhilHealth Board of Directors members Health Assistant Secretary Charade Mercado-Grande, Celestina Ma. Jude dela Serna, Roberto Salvador Jr., Jonathan Mangaoang and Lora Mangasar were charged with graft, usurpation of judicial functions, grave misconduct, gross neglect of duty, grave abuse of discretion and conduct prejudicial to the best interest of the service.

The other respondents are former members of the Board of Directors of PhilHealth: Ruperto Aleroza, Eddie Dorotan, Joan Cristine Reina Liban-Lareza, Hildegardes Dineros and Anthony Leachon.

The charges stemmed from the complaint against Perpertual Succour Hospital (PSH) in Cebu for allegedly extending the period of confinement of patients.

In March 2015, the Arbitration Department of PhilHealth issued its decision finding the hospital guilty of the offense of extending the period of confinement of patients Rosita Cartina and Onesimo Monteclaro despite their respective physician’s issuance of a “May Go Home” order.

The hospital was meted the penalty of suspension of three months of its accreditation and a fine of P10,000.

The PhilHealth Board of Directors upheld the decision in March 2016 and on 30 October 2017, the Court of Appeals (CA) affirmed the decision of the PhilHealth Board of Directors.

On 8 March 2018, the CA promulgated its resolution denying the motion filed by PSH seeking the reversal of its 30 October decision. It’s order became final and executory last 19 April 2018.

Ferrer, then newly appointed acting President of PhilHealth, on 29 June 2018 issued an order stating that the penalty of maximum fine instead of suspension or revocation of accreditation should be imposed for offenses by institutional health care providers.

The said policy, however, excludes cases with decisions of the Arbitration Office which are already on appeal with the courts.

Despite this, the PhilHealth Board of Directors moved to remove the penalty of suspension against PSH and instead asked the hospital to pay a fine of P100,000 and the restitution of the unnecessary benefits paid by PhilHealth.

The Board of Directors made the move in action to the recommendation of the Committee Appealed Administrative Cases of PhilHealth.

According to the complaint, the committee made the recommendation after it held a meeting with PSH. Respondents Grande, Managaoang and Mangasar, among others were present during the meeting.

The PhiHealth explained its deviation from the decision of the CA by justifying that equity and humanitarian considerations dictate the removal of penalty and suspension of the hospital.

“It is undeniable that the PSH was found to have committed an infraction of the PhilHealth Law and its IRR and rightfully had to endure the corresponding penalties prescribed thereunder. However, the corporation is not insensitive to the needs of PhilHealth members of the program and the possible effects on them on the upcoming suspension of PSH on 21 January 2019.”

“In view of the foregoing and compliant to the mandate of the Universal Health Care coverage, equity and humanitarian considerations dictate the removal of the penalty of suspension of PSH,” the PhilHealth resolution read.

According to Roque it is “undeniable” that special preference and unwanted benefits were given to the erring hospital.

He said the respondents’ act to limit from liability of suspension the hospital constitutes manifest partiality and caused undue injury to the government.

Roque also hit Ferrer for approving the order that downgraded the penalty of the hospital despite knowing fully well that the said act is violative of the guidelines he himself issued.

“From his own guidelines, it is crystal clear that the policy on the imposition of the penalty of maximum fine instead of suspension or revocation of accreditation for offenses by Institutional Health Care Providers shall not be applied in cases with decisions of the Arbitration Office or Board for any offense which are already on appeal with the Courts,” he said.

Roque asked the Office of the Ombudsman to issue a preventive suspension order against the respondents. He is also asking that they be dismissed from service.