Associate Justice Antonio Kho said President Marcos must release an order reversing the transfer of the 60 billion excess funds to the National Treasury as it could be used to expand the state insurer’s benefits package to hire more people to implement its programs and to answer to the public’s needs.
Malacañang to comply with SC decision on excess PhilHealth funds
At a glance
A Palace official said Malacañang will not oppose any decision of the Supreme Court (SC) regarding the P60 billion transmitted by PhilHealth to the National Treasury.

Palace Press Officer and Communications Undersecretary Claire Castro said this after Associate Justice Antonio Kho stated during the oral arguments on March 4 that such amount should be returned to PhilHealth.
Kho said President Marcos must release an order reversing the transfer of the 60 billion excess funds to the National Treasury as it could be used to expand the state insurer’s benefits package to hire more people to implement its programs and to answer to the public’s needs.
In a press briefing on Wednesday, March 5, Castro said the government will follow whatever the SC's order will be.
"Kung ano po ang ipag-uutos ng Supreme Court, 'yan po ay susundin natin (We will follow the Supreme Court's order)," she assured the public.
"Hindi po natin tututulan, hindi po natin lalabanan kung ano po ang inuutos ng Supreme Court (We will not oppose a Supreme Court order)," she added.
Last month, Solicitor General Menardo Guevarra said the majority of PhilHealth's P60-billion excess funds remittance to the National Treasury was used to finance critical health and social service programs.
"Under the purposes listed under the unprogrammed appropriations [of the General Appropriations Act of 2024], the biggest chunk goes to social projects, including health projects," he said during the second round of oral arguments in the Supreme Court on Feb. 25.
"As a matter of fact, as of December of 2024, the total amount of P46 billion, thereabouts, more or less, had been devoted under the unprogrammed appropriations for social— more particularly, health projects," he added.
PhilHealth’s remittance came after the national government implemented Special Provision 1(d) of the 2024 General Appropriations Act (GAA), which authorizes the utilization of government-owned and -controlled corporations (GOCC) fund balances to finance key programs in health, social services, and infrastructure under the Unprogrammed Appropriations.
The 2024 GAA mandates the Department of Finance (DOF) to implement the said provision, which led to the issuance of clear guidelines through DOF Circular No. 003-2024.