THE Office of the Ombudsman on Thursday issued a dismissal order anew against Negros Oriental Gov. Roel Degamo for grave misconduct in connection with the anomalous use of the province’s 2012 budget.
Ombudsman Conchita Carpio-Morales directed Secretary Catalino Cuy of the Department of the Interior and Local Government to implement the order.
The Civil Service Commission, Commission on Elections, Commission on Audit and Government Service Insurance System were provided with the copies of the decision of the Ombudsman.
The dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, forfeiture of retirement benefits and bar from taking the civil service examination.
Morales also ordered the filing of charges against Degamo for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019.
In October 2012, Degamo submitted to the Sangguniang Panlalawigan the proposed budget for 2013, including an item for intelligence expenses of P10 million.
On Jan. 15, 2013, the provincial board approved the appropriation ordinance, but deleted the P10-million intelligence.
In response, Degamo tendered his veto on the “questionable deletion or non-inclusion of the item on confidential/intelligence fund, which veto was not overridden by the SP.”
On April 15, 2013, Degamo issued a memorandum, directing the release of the P10-million intelligence fund “without further delay.”
A day after, a cash advance for the payment of expenses of different activities related to intelligence operation in the amount of P10 million was released to Degamo.
CoA said the “cash advance was made in the absence of an approved appropriation ordinance in violation of Section 305(a) of the Local Government Code and Section 4(1) of the Government Auditing Code of the Philippines.”
“As appropriation ordinance no. 1, series of 2013, does not contain any item on confidential/intelligence fund, the release of the cash advance in the amount of P10 million was not supported by the necessary appropriation,” the Ombudsman said.
“This violates the Local Government Code and Government Auditing Code,” Morales said.
She added that the law “provides that no money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law. Degamo’s act of insisting for the release of the cash advance despite the apparent absence of the necessary appropriation is thus a clear badge of willful intent to violate the laws and established rules.”
Last January, the Ombudsman indicted Degamo for 11 counts of graft for the illegal disbursement of calamity funds used to pay for the province’s infrastructure projects in 2012.
The charges stemmed from the illegal use of the P480-million calamity fund intended for the repair, rehabilitation and construction of structures damaged by natural calamities.
Last March 29, Degamo filed a graft complaint against the Ombudsman-Visayas officials and accused them of partiality when he was ordered dismissed for corruption twice.
In addition, the Sandiganbayan earlier ordered the arrest of Degamo for graft and malversation charges.
The governor then posted a P1.1-million bail for his provisional liberty.
