DILG awaits copy of dismissal order of NegOr governor

DISMISSAL ORDER. Negros Oriental Governor Roel Degamo (right) listens as Region 7 Police director Chief Supt. Jose Mario Espina talks on anti-criminality measures in early October 2017. (Photo courtesy of provincial capitol)

DUMAGUETE CITY – The Department of the Interior and Local Government (DILG) in Negros Oriental has yet to receive a copy of the order of the Office of the Ombudsman dismissing Governor Roel Degamo from his post and his perpetual disqualification from holding public office.

This stems from a case filed against Degamo, who is still under a 90-day preventive suspension for another case, for the alleged misuse of the PHP10-million intelligence fund of the province even though this was not included in the approved 2013 budget after the Sangguniang Panlalawigan deleted the proposed appropriation.

Provincial DILG officer Dennis Quiñones on Thursday afternoon said without a copy of the order, his office couldn’t take the necessary action, such as the serving of the said document.

Quiñones added that the parties involved may have already received their respective copies of the order.

They have to await the directive of the DILG Secretary, who will course his instructions through the agency’s regional office.

Quiñones, however, said the Ombudsman’s decision is not yet final and the respondent’s legal team would know what course of action to take next, such as the filing of a motion for reconsideration.

On Thursday morning, news broke out that Ombudsman Conchita Carpio Morales has ordered the dismissal of Degamo after he was found guilty of grave misconduct for the “anomalous utilization of the province’s 2013 budget.”

A media release from the Ombudsman’s Office said: “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.”

The Ombudsman also ordered the filing of charges against Degamo for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), the statement said.

The Ombudsman found that in October 2012, Degamo submitted to the Sangguniang Panlalawigan (SP) the proposed budget for 2013 which included an item for Intelligence Expenses in the amount of PHP10 million.

On January 15, 2013, the SP enacted the appropriation ordinance but the PHP10-million intelligence fund was deleted, it further said.

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 PHP10 million intelligence fund “without further delay,” the media release said.

Records show that the next day, a cash advance for the payment of expenses of different activities related to intelligence operation in the amount of PHP10 million was released to Degamo.

Upon checking, the Commission on Audit (COA) Regional Office determined that 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.

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The Ombudsman ruled that “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 PHP10 million was not supported by the necessary appropriation,” according to the media release.

“This violates the Local Government Code and Government Auditing Code,” stated Ombudsman Morales. She explained that the codes “provide 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.”

Ombudsman Morales directed the Secretary of the Department of the Interior and Local Government to implement the order. Copies of the decision were also given to the regional offices of the Civil Service Commission, Commission on Elections, COA and the GSIS.

Meanwhile, Degamo or his legal counsel(s) could not be reached for comment and their mobile phones appeared to have been turned off after the news broke out.

Degamo is serving a 90-preventive suspension, starting Oct. 18, and will not return to work until January next year, for another case filed against him for alleged misuse of the province’s calamity fund.

The Sandiganbayan, the country’s anti-graft court, had ordered the preventive suspension, the order of which was personally served by DILG regional director Rene Burdeos.

In Degamo’s absence, Vice Governor Mark Macias was appointed as the acting governor while senior Board Member Mariant Escaño Villegas is currently the acting vice governor.

Degamo accepted the decision with no questions, saying that this is just temporary as he noted that the prevention suspension will be automatically lifted after the 90-day period has lapsed.

In this particular case, Degamo was charged with violation of Article 12 in relation to Articles 171 and 48 of the Revised Penal Code for the alleged irregularities in the use of the PHP480-million calamity fund for infrastructure projects following the devastation brought about by tropical storm Sendong in 2011 and the Magnitude 6.9 earthquake in early 2012.

Degamo was accused of proceeding with the development projects even as the Department of Budget and Management had revoked the allocation due to non-compliance with requirements.