Garin’s Great Betrayal: Exposing PhilHealth’s Theft and Its Echoes in Flood Control Failures

From Unbuilt Health Centers to Unbuilt Dams: Garin’s Legacy of Corruption Lives On

By Louis ‘Barok‘ C. Biraogo — September 22, 2025

IN THE shadowed depths of my kweba, I wield the torch of truth to expose a festering wound that spans decades: the Philippine Health Insurance Corporation (PhilHealth) scandal of 2020, where billions meant for the poor’s healthcare were allegedly pilfered by former Department of Health (DOH) Secretary Janette Garin and her cohorts, mirrors the rampant corruption in today’s flood control projects. The 2020 Senate Blue Ribbon Committee report revealed P10.6 billion in diverted funds for unbuilt health centers, a betrayal of the marginalized that echoes 2025’s flood control budget misuse, where unbuilt dams leave communities drowning. Both scandals expose a system where greed robs the poor of health and safety, demanding justice with legal precision and righteous fury.

Exposing the Scandal: A Blueprint of Betrayal

The Senate Blue Ribbon Committee’s 2020 report unveils a chilling web of corruption within PhilHealth, implicating key figures: former Department of Health (DOH) Secretary and PhilHealth ex-officio chair Janette Garin, former Budget Secretary Florencio Abad, former PhilHealth CEO Alexander Padilla, and regional vice presidents (RVPs) dubbed “kings” of their domains. The allegations are stark:

P10.6 Billion Barangay Health Center Heist: Funds from senior citizens’ PhilHealth premiums were allegedly diverted to a DOH Barangay Health Center (BHC) program, with fewer than 300 of 3,000 planned centers built, linked to 2016 election politicking for Liberal Party allies.
Fraudulent Overpayments and Ghost Claims: Inflated claims for treatments like pneumonia and diabetes enriched hospitals, with officials allegedly skimming 20% kickbacks, bleeding public funds dry.
Duque’s Shady Family Deals: Health Secretary Francisco Duque III faces scrutiny for contracts tied to his family’s properties, reeking of nepotism.
Regional Fiefdoms of Fraud: RVPs operated with unchecked power, enabling collusion and corruption beyond central oversight.

Framed as a political maneuver for the 2016 elections, this scandal is a calculated assault on the poor, whose health was sacrificed for power and profit.

Dissecting the Crime: Legal and Ethical Evisceration

Let’s carve into the allegations with the scalpel of law, exposing the rot while weighing the accused’s defenses.

1. Barangay Health Center Fund Heist

Evidence: The report, supported by Commission on Audit (COA) findings, shows P10.6 billion from senior premiums was released for BHCs, yet <300 centers were built. Media reports and 2019-2020 Senate hearings link this to electoral motives, with COA flagging irregular disbursements.

Legal Violations:

Republic Act (RA) 3019, Section 3(e): Causing undue injury or unwarranted benefits through manifest partiality or gross negligence. Diverting premiums to a failed project fits this crime. Geduspan v. People (G.R. No. 158187, 2005) upheld convictions for similar procurement lapses.
Article 220, Revised Penal Code (RPC) – Technical Malversation: Using funds appropriated for health coverage for unauthorized BHCs violates this, per Presidential Decree (PD) 1445, Sec. 103. Araullo v. Aquino (G.R. No. 209287, 2014) ruled similar fund transfers unconstitutional.
RA 6713, Section 4: Ethical breaches for failing to uphold diligence and integrity, as Garin and Abad oversaw releases without ensuring completion.

Counter-Arguments: Garin denies personal gain, claiming DBM and COA approvals. She argues contractor failures, not her actions, caused delays, citing good faith. Abdulla v. People (G.R. No. 150129, 2005) acquitted on technical malversation when appropriations were unclear.

Critique: COA audits and unbuilt centers establish probable cause, but prosecutors need concrete fund trails to Garin or Abad. Ethically, failing to deliver 90% of BHCs is a grotesque violation of RA 6713‘s public trust mandate.

2. Overpayments and Ghost Claims Racket

Evidence: COA and Presidential Anti-Corruption Commission (PACC) reports flag billions in irregular claims, with Senate hearings exposing inflated payments (e.g., P150,000+ for pneumonia). NBI probes confirm patterns of ghost patients and kickbacks.

Legal Violations:

RA 3019, Section 3(g): Approving grossly disadvantageous claims violates this. Garcia v. Sandiganbayan (G.R. No. 155223, 2005) presumes malversation for unaccounted funds.
Article 217, RPC – Malversation: Knowing allowance of overpayments for gain fits this. Quintos v. People (G.R. No. 226846, 2017) upheld similar convictions.
RA 9184 (Government Procurement Reform Act): Lax hospital vetting breaches procurement rules, updated by the New Government Procurement Act (2024).

Counter-Arguments: RVPs may claim reliance on hospital data or argue errors, not fraud. Lack of direct kickback evidence could weaken cases, per Sanchez v. People (G.R. No. 162386, April 13, 2007).

Critique: The scale of overpayments screams systemic fraud, not error. RA 6713 demands RVPs prevent such losses; their failure is a betrayal of duty.

3. Duque’s Nepotistic Contracts

Evidence: Media and COA reports highlight Duque’s family’s property leases with PhilHealth/DOH, suggesting favoritism.

Legal Violations:

RA 6713, Section 7: Prohibits conflicts of interest, including family dealings. Duque’s inaction violates this.
RA 3019, Section 3(e): Favoring family contracts fits this. Villanueva v. People (G.R. No. 218652, February 23, 2022) convicted for similar acts.

Counter-Arguments: Duque may claim contracts were arm’s-length or pre-existing, per People v. Sandiganbayan (G.R. No. 160619, 2015).

Critique: Ethical breaches under RA 6713 are clear, even if criminal proof is thin. Duque’s silence fuels distrust, unforgivable in a health crisis.

Standard of Proof and Defenses

Convictions under RA 3019 or RPC require proof beyond reasonable doubt, demanding clear intent or negligence. Defenses include good faith or shared responsibility. Administrative cases under RA 6713 need only substantial evidence, easing suspensions. The Supreme Court’s strict stance on RA 3019’s “grossly disadvantageous” element (Sanchez v. People) requires prosecutors to build airtight cases with COA and DBM records.

The Human Toll: A Constitutional Slaughter of the Vulnerable

This scandal is a gut-punch to the poor, violating Article II, Section 15 of the 1987 Constitution‘s mandate to protect health. Every stolen peso is a stolen lifeline:

Lost Health Centers: With 2,700 BHCs unbuilt, rural communities—often the poorest—lost primary care access. At P3.5 million per center, P10.6 billion could have served millions. Instead, the poor endure long treks to hospitals, if they can afford it.
Gutted Coverage: Billions in overpayments (COA: P14 billion, 2019-2020) mean uncovered treatments for indigents. A P150,000 hospital bill crushes families earning P10,000/month.
Dengvaxia Fallout: Garin’s vaccine debacle fueled hesitancy, spiking dengue cases (2019: 400,000+), hitting the poor hardest.

This is a moral abomination, robbing the vulnerable of health and hope while officials allegedly gorged on kickbacks.

Accountability’s Failure: Impunity’s Iron Grip

Since 2020, justice has crawled:

Ombudsman/DOJ: Graft and malversation referrals against Garin, Abad, and Padilla linger. Dengvaxia homicide charges were dropped in 2025 for weak evidence, though graft cases persist (Manila Times, 2023).
NBI Task Force: Formed in 2020, it lacks major breakthroughs (GMA News, 2020).
Reforms: Gordon’s NBI Anti-Fraud Unit and PSA verification remain unimplemented by 2025. Some IT upgrades occurred, but 2024 reports note ongoing irregularities.

Critique: Gordon’s reforms—anti-fraud units, PSA systems—are feasible but stalled by inertia. The Ombudsman’s delays mirror past failures (Estrada v. Sandiganbayan, 2001). RA 10173 compliance is critical for data reforms.

Solutions:

Accelerate Prosecutions: Use COA/DBM records to meet RA 3019 and RPC standards, leveraging Garcia v. Sandiganbayan.
Administrative Action: Suspend officials under RA 6713 with due process (CSC Resolution No. 99-1936).
Legal Reforms: Launch NBI Anti-Fraud Unit via executive order; implement PSA verification with RA 10173 safeguards.
Protect the Poor: Sequence reforms to maintain claims processing.
Transparency: Monthly DOJ-Ombudsman updates to restore trust.

A Righteous Demand: Stop the Flood of Corruption Now

In my kweba, I see the same vile pattern: yesterday’s PhilHealth scandal, where Garin and her cohorts allegedly plundered P10.6 billion meant for the poor’s health, is reborn in today’s flood control debacle, where billions vanish into unbuilt dams and failed projects. Both betray the poor—then with unbuilt health centers, now with communities submerged by floods due to corrupt mismanagement. The COA audits, Senate hearings, and unbuilt BHCs of 2020 echo 2025’s exposés of Department of Public Works and Highways (DPWH) irregularities, where funds meant to save lives are stolen, leaving the marginalized to suffer. This is a double crime against our Constitution, RA 6713’s call for integrity, and the right to health and safety.

Call to Action: I demand the DOJ and Ombudsman file charges against Garin, Abad, Padilla, and their ilk under RA 3019 and RPC, while probing DPWH officials with equal zeal. Civil society must rise—monitor cases, protest delays, and hold the Marcos administration to its anti-corruption vows. The poor, drowning in sickness and floods, deserve justice now. In the Kweba ni Barok, we pledge to fight until this nation is cleansed of impunity’s stain!