NO to MANDATORY CONTRIBUTIONS imposed on OVERSEAS FILIPINOS. REPEAL THE IRR of the UHCA!
The Issue
On 4 May 2020, Department of Health Secretary Francisco Duque, through the orders of President Rodrigo R. Duterte, SUSPENDED the implementation of Article 10.2.c of the Implementing Rules and Regulations (IRR) of R.A. 11223, otherwise known as the “Universal Health Care Act” (UHCA). This is only a temporary victory to those affected, the IRR as approved by the Department of Health (DOH), through Secretary Duque, and PhilHealth STILL EXISTS AND CAN BE APPLIED ANYTIME.
In addition, questionable provisions of the IRR, specifically those affecting “non-resident Filipino citizens”, i.e., Filipinos living abroad that do not have OFW status (Section 8.2.e of the IRR) and Filipinos who have dual citizenship (Section 8.2.f of the IRR), REMAIN MANDATORY.
The IRR of R.A. 11223, specifically its provisions affecting non-resident Filipinos, is UNCONSTITUTIONAL and must be REPEALED or AMENDED.
1. The provisions of the IRR violates the equal protection clause of the Constitution. It creates an unreasonable burden on the part of Filipinos living abroad by forcing them to pay two contributions to two health systems (their country of residence and the Philippines), without getting any benefits from the UHCA. This IRR places non-resident Filipinos at an undue disadvantage compared to those residing in the Philippines.
2. The IRR expanded the list of “direct contributors” to include individuals not stated in the UHCA. Thus, the DOH and PhilHealth went beyond their authority granted by the UHCA. “The spring cannot rise above its source.”
3. The DOH and PhilHealth, under the pretense of the exercise of police power, cannot exact contribution from individuals who will NOT BENEFIT from the UHCA. By imposing an all-encompassing burden to all Filipinos including those abroad without granting any actual benefits unless they go back to the Philippines, the provisions in question are akin to the exercise of the power of taxation. This power was not given by any law to PhilHealth and thus violates the due process requirements of the constitution.
4. The IRR, which aims to implement the UHCA, does not provide clear implementing mechanisms on how to exact contribution from non-resident Filipino citizens. The IRR, as it stands, is open to abuse, arbitrary application, and probable violation of one's civil and political rights, e.g. data protection, due process, privacy, etc.
5. The implementation of the IRR makes Filipino citizenship for dual citizens unreasonably burdensome and thus encourages renunciation.
In order to truly adhere to the underlying policy of the Universal Health Care Act, this oppressive IRR should be REPEALED, or at the very least, AMENDED.
We call on the Philippine Congress to expedite the passing into law of House Bill 6698 amending the Universal Health Care Act, and making PhilHealth contributions of all Overseas Filipinos VOLUNTARY.
To know more about the IRR and its effects, download the FAQ here:
Explainer Video for OFWs: https://www.youtube.com/watch?v=EdFWvfpoX9g
Explainer Video for Dual Citizens, Temporary Residents and Permanent Residents abroad: https://www.youtube.com/watch?v=Myv8ST4NRRI
Graphics: https://drive.google.com/open?id=1PSHa4C3OLg4_74SUwXfcZ0ihibu0kgUI
English: https://drive.google.com/open?id=11WP_t5rdlOt_uAiCnHB-y5duATavKN08
Cebuano: https://drive.google.com/open?id=1TpXGO-xwVzaFHiOX9yMInlRh39MXhFp9
Filipino: https://drive.google.com/open?id=1rEG_h0NdNGtgwyxuuylZiPSQCuvQojaJ
The Issue
On 4 May 2020, Department of Health Secretary Francisco Duque, through the orders of President Rodrigo R. Duterte, SUSPENDED the implementation of Article 10.2.c of the Implementing Rules and Regulations (IRR) of R.A. 11223, otherwise known as the “Universal Health Care Act” (UHCA). This is only a temporary victory to those affected, the IRR as approved by the Department of Health (DOH), through Secretary Duque, and PhilHealth STILL EXISTS AND CAN BE APPLIED ANYTIME.
In addition, questionable provisions of the IRR, specifically those affecting “non-resident Filipino citizens”, i.e., Filipinos living abroad that do not have OFW status (Section 8.2.e of the IRR) and Filipinos who have dual citizenship (Section 8.2.f of the IRR), REMAIN MANDATORY.
The IRR of R.A. 11223, specifically its provisions affecting non-resident Filipinos, is UNCONSTITUTIONAL and must be REPEALED or AMENDED.
1. The provisions of the IRR violates the equal protection clause of the Constitution. It creates an unreasonable burden on the part of Filipinos living abroad by forcing them to pay two contributions to two health systems (their country of residence and the Philippines), without getting any benefits from the UHCA. This IRR places non-resident Filipinos at an undue disadvantage compared to those residing in the Philippines.
2. The IRR expanded the list of “direct contributors” to include individuals not stated in the UHCA. Thus, the DOH and PhilHealth went beyond their authority granted by the UHCA. “The spring cannot rise above its source.”
3. The DOH and PhilHealth, under the pretense of the exercise of police power, cannot exact contribution from individuals who will NOT BENEFIT from the UHCA. By imposing an all-encompassing burden to all Filipinos including those abroad without granting any actual benefits unless they go back to the Philippines, the provisions in question are akin to the exercise of the power of taxation. This power was not given by any law to PhilHealth and thus violates the due process requirements of the constitution.
4. The IRR, which aims to implement the UHCA, does not provide clear implementing mechanisms on how to exact contribution from non-resident Filipino citizens. The IRR, as it stands, is open to abuse, arbitrary application, and probable violation of one's civil and political rights, e.g. data protection, due process, privacy, etc.
5. The implementation of the IRR makes Filipino citizenship for dual citizens unreasonably burdensome and thus encourages renunciation.
In order to truly adhere to the underlying policy of the Universal Health Care Act, this oppressive IRR should be REPEALED, or at the very least, AMENDED.
We call on the Philippine Congress to expedite the passing into law of House Bill 6698 amending the Universal Health Care Act, and making PhilHealth contributions of all Overseas Filipinos VOLUNTARY.
To know more about the IRR and its effects, download the FAQ here:
Explainer Video for OFWs: https://www.youtube.com/watch?v=EdFWvfpoX9g
Explainer Video for Dual Citizens, Temporary Residents and Permanent Residents abroad: https://www.youtube.com/watch?v=Myv8ST4NRRI
Graphics: https://drive.google.com/open?id=1PSHa4C3OLg4_74SUwXfcZ0ihibu0kgUI
English: https://drive.google.com/open?id=11WP_t5rdlOt_uAiCnHB-y5duATavKN08
Cebuano: https://drive.google.com/open?id=1TpXGO-xwVzaFHiOX9yMInlRh39MXhFp9
Filipino: https://drive.google.com/open?id=1rEG_h0NdNGtgwyxuuylZiPSQCuvQojaJ
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Petition created on May 5, 2020