CA reverses Ombudsman over governor’s dismissal

DUMAGUETE CITY—The Court of Appeals (CA) has reversed a ruling of the Office of the Ombudsman that dismissed Negros Oriental Gov. Roel Degamo from the service on charges of corruption.

In a decision dated Aug. 30 and penned by Associate Justice Stephen C. Cruz, the court’s 5th Division downgraded Degamo’s administrative liability from grave misconduct to simple misconduct for disobeying the order of the Department of Budget and Management (DBM) and the Commission on Audit to return money to the national coffers.

It meted him a penalty of suspension from office for one month and one day to six months, but this could no longer be imposed in view of his election as governor in 2013, pursuant to the Condonation Doctrine, the decision said.

The case stemmed from a complaint by June Vincent Manuel S. Gaudan of Dumaguete City in 2012 at the Office of the Ombudsman against Degamo, provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes.

The complainant said the three disbursed P480 million in calamity fund to contractors for river control projects and the repair of spillways and bridges damaged by Typhoon “Sendong” (international name: Washi) in 2011 and an earthquake in 2012, even though the DBM had revoked the special allotment release order (Saro) it had earlier issued for the fund release.

DEGAMO

Mendez was chair of the bids and awards committee which recommended the awarding of the projects to the winning contractors.

Degamo had requested the calamity fund for the repair, rehabilitation and construction of structures damaged by the two calamities to include roads, bridges, river dikes, among others. The DBM regional office granted the request on June 5, 2012, through a Saro amounting to P961 million. On June 7, 2012, P480,775,000 was released and deposited to the provincial government’s bank account.

But about two weeks later, Budget Undersecretary Mario Relampagos withdrew the Saro because the province had not complied with guidelines on releases for infrastructure projects amounting to P10 million and higher, which requires prior approval from the Department of Public Works and Highways.

On June 29, 2012, Carmela Fernan, then budget regional director, issued a negative Saro, withdrawing the release of the calamity fund in demanding for the return of the P480 million funding.