NEGROS Oriental Gov. Roel Degamo is facing graft and malversation of public funds through falsification of public documents before the Sandiganbayan over alleged misuse of calamity funds in 2012.
The charges arose from the award of 11 infrastructure contracts amounting to P143.2 million in 2012, despite a Department of Budget and Management notice recalling the special allotment release order for the provincial government due to its failure to comply with the requirements and guidelines.
Danilo Mendez, former provincial treasurer, was included in the charges.
The projects were intended for areas in Negros Oriental struck by Typhoon “Sendong” in 2011 and a magnitude 6.9 earthquake in 2012.
Meanwhile, the Ombudsman ordered anew Degamo’s dismissal from service over the alleged anomalous utilization of his province’s 2013 budget.
Ombudsman Conchita Carpio-Morales 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.
Morales meted Degamo the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, and forfeiture of retirement benefits, and barred him from taking the civil service examination.
In April 2016, the Ombudsman had also ordered Degamo’s dismissal for grave misconduct in connection with the disbursement of calamity funds in 2013.
The second dismissal order was anchored on the Ombudsman’s finding that the governor gave the green light to release the questionable P10 million intelligence fund to his office.
Degamo was already serving a 90-day suspension for that issue when the new graft charge was filed against him.
The Ombudsman’s dismissal order was served to the governor early Tuesday, Dec. 19. Department of Interior and Local Government Regional Director Rene Burdeos and DILG Negros Oriental Officer Dennis Quiñones served the order outside Degamo’s home in Barangay Junob, Dumaguete, while he was out of town.
The guard on duty refused to receive the dismissal order, so Burdeos and his group placed the white envelope containing it on a chair.
Acting Governor Mark Macias and acting Vice Governor Mariant Escaño-Villegas were then ordered by the DILG to assume the posts of governor and vice governor, respectively, to avoid any vacuum in the provincial government.
Macias and Villegas took their respective oaths by way of succession before Regional Trial Court executive Judge Gerardo Paguio Jr. at noontime at the Hall of Justice in Piapi, Dumaguete.
Macias said there is nothing new with the order because he is already sitting as acting governor, and their respective functions are the same as a full-fledged governor.
But as a public official, Macias said he is bound to obey orders.
As for Degamo, Macias said the ousted governor could still seek legal remedies, such as a temporary restraining order. He made it clear that if Degamo is able to secure a TRO, he would follow orders and willingly step down.
Macias also clarified that the suspension and dismissal orders are two different cases — the first expires on Jan. 16 or 18 next year, while the second depends on whether a TRO is issued.
If a TRO is eventually issued for the dismissal order, the suspension order will still be enforced up to Jan. 16 or 18, Macias said, as advised by lawyers.
Degamo’s camp earlier said they would immediately file an answer and a prayer for a TRO before the proper court.
The ousted governor earlier said the deputy Ombudsman may have an axe to grind against him after filing a complaint on what he termed as “selective justice” before the high court, and that it was becoming more personal rather than based on the merits of the case.
Degamo is serving a 90-day preventive suspension in relation to another case filed against him for alleged misuse of the province’s calamity fund and is expected to return in mid-January 2018. With PNA
