Republic of the Philippines

COURT of APPEALS
City of Manila

DAVID HAROLD C. GOSIENGFIAO AND

PACIFIC EYE INSTITUTE,
Petitioner-Appellants
CA G.R. SP No.​ ​161883
—versus— CA G.R. SP No.​ ​162079
PHILIPPINE HEALTH INSURANCE
CORPORATION (PHIC),
Respondent-Appellee
x--------------------------------------x

MOTION FOR CONSOLIDATION

CO-PETITIONER-APPELLANTS DAVID HAROLD C. GOSIENGFIAO, M.D.
and his now-defunct clinic ​PACIFIC EYE INSTITUTE (​“PEI”​), ​by and
through counsel, before this ​HONORABLE​ ​COURT​, reiterates his motion
to consolidate1 the two (2) aforementioned petitions and most
respectfully states that:

1. On 8 August 2019, ​PETITIONER-APPELLANT ​Dr. Gosiengfiao

filed with this ​HONORABLE COURT​ a ​Petition for Review​ ​(CA G.R. SP
No. 161883) of the ​Appellate Decision ​of ​RESPONDENT​ PHIC’s Board of
Directors in PhilHealth Board Resolution No. 2455 series of 2019.
This case was raffled off and assigned to the ​HONORABLE​ ​JUSTICE
PERPETUA T. ATAL-PAÑO​ of the Fifth Division of this ​HONORABLE COURT​.

2. On 9 August 2019, ​PETITIONER ​Dr. Gosiengfiao received a

certified true copy of the ​Appellate Decision​ of ​RESPONDENT​ PHIC’s
Board of Directors in PhilHealth Board Resolution No. 2453 s.2019.

3. On 23 August 2019, Dr. Gosiengfiao, as the sole

proprietor of ​PETITIONER-APPELLANT PACIFIC EYE INSTITUTE ​(​“PEI”​), filed
with the ​HONORABLE COURT​ a ​Petition for Review​ ​(CA G.R. SP No.
162079) of the ​Appellate Decision​ of ​RESPONDENT​ PHIC’s Board of
Directors in PhilHealth Board Resolution No. 2453 s.2019. In this
subsequent ​Petition for Review,​ ​PETITIONER-APPELLANT​ moved to
1
The 2009 ​INTERNAL RULES OF THE COURT OF APPEALS​, Rule, III, sec. 3(a).
 Gosiengfiao & PEI v. Philippine Health Insurance Corp. Motion for Consolidation
CA G.R. SP No. 161883 and No. 162079 page​ 2​ of 2
==============

consolidate the case with the aforestated prior petition.2 But this case
was raffled off and assigned to the ​HONORABLE​ ​JUSTICE WALTER S. ONG
of the Ninth Division of this ​HONORABLE COURT​.

4. The two ​Petitions for Review ​assail the ​Appellate

Decisions​ in two separate resolutions. However, PhilHealth Board
Resolutions No. 2455 and No. 2453 s.2019 both deal with the exact
same set of twenty-seven (27) PhilHealth benefit claims that
PETITIONER-APPELLANT ​PEI had filed for and in behalf of the same
seventeen (17) patients for the period 23 November 2013 to 28 March
2015. But the subsequently served resolution​—f​ or PBR 2453 was
given to ​PETITIONER-APPELLANT ​only eighteen (18) days after PBR 2455
was given​—​meted out penalties on the clinic PEI as a health care
institution, unlike in the previous resolution which instead imposed
penalties on Dr. Gosiengfiao in his individual capacity as a health care
professional.

5. Both cases concern related if not identical questions of

fact and/or of law, particularly with regard ​—​but not limited​—​ to the
unenforceability of bogus rules relied upon by the Board of Directors
of ​RESPONDENT-APPELLEE ​PHIC in imposing exorbitant and illegal
penalties.

RESPECTFULLY SUBMITTED.

City of Manila, 03 September 2019​.

MARLON ANTHONY R. TONSON

Counsel for Petitioner Dr. David Harold C. Gosiengfiao
PTR No. A-4320012/01.22.2019/Taguig City
IBP No. 1068191, January 10, 2019
ROLL​ O
​ F ATTORNEYS​ No. 48574
MCLE ​COMPLIANCE ​No. VI-0027744
Valid until 14 April 2022

COPY FURNISHED:
HON​.​ BGEN. RICARDO C. MORALES, AFP ​(​RET​.)​ FICD
President and Chief Executive Officer
and Vice-Chairperson of the Board,
Philippine Health Insurance Corporation
Citystate Centre, 709 Shaw Boulevard, Pasig City

2
​Petition for Review,​ CA G.R. SP No. 162079, on page 125.