Negros Oriental Gov. Roel Degamo. PHOTO FROM ROELDAGAMO.COM
The Sandiganbayan has ordered the arrest of Negros Oriental governor Roel Degamo and two others for graft over the alleged illegal disbursement of P480 million calamity funds for infrastructure projects in the province.
The court said there is probable cause to try Degamo, Provincial Treasurer Danilo Mendez and Provincial Accountant Teodorico Reyes for graft for the violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, as well as malversation through falsification of public documents under the Revised Penal Code over the alleged illegal disbursement of calamity funds to repair structures damaged by natural calamities.
READ: Negros Oriental Gov indicted for graft over calamity funds mess
Graft is a bailable offense.
Despite the accused officials’ outright denial of the charges, the court said the absence or presence of the elements of the crime “are evidentiary matters which ought to be established during the trial of the case.”
“It must be stressed… that the Court cannot rule at this early stage of the proceedings on the presence or absence of the elements of the crime charged,” the court said.
“Wherefore, the Court finds the existence of probable cause against accused-movants … in these cases. Accordingly, let warrants of arrest be issued against them,” the court added.
The resolution promulgated on January 24 was penned by division chairperson and Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, and concurred by Associate Justices Sarah Jane Fernandez and Zaldy Trespeses.
The court also said Degamo’s appeal to the Commission on Audit questioning its notices of disallowance, and the favorable decision Degamo got from the Court of Appeals downgrading his administrative liability, have no relevance to his criminal indictment before the Sandiganbayan.
Degamo faces 11 counts of graft over the anomalous financial assistance for the rehabilitation of structures damaged by Typhoon Sendong in December 2011, and the 6.9 magnitude earthquake in February 2012.
READ: Ombudsman orders Negros Oriental gov dismissed
The Department of Budget and Management in June 5, 2012 issued the special allotment release order (SARO) for P961.5 million, of which P480.7 million was released to the provincial government.
But after two weeks, the budget department withdrew the SARO due to the failure of the provincial government to comply with the guidelines for infrastructure projects, which meant that the projects were no longer supported with appropriation and allotment.
But Degamo proceeded to award the 11 infrastructure contracts worth P143.2 million, representing the 15 percent advance payment to the contractors.
The Commission on Audit later issued 11 Notices of Disallowance on the projects, noting that the funds were certified available despite the negative SAROs.
In ordering the filing of charges, Ombudsman Conchita Carpio Morales said the “respondents unilaterally ignored the Department of Budget and Management directive and continued to award 11 infrastructure projects.”
“If respondents had reservations on the legality of the withdrawal of the positive SARO, they could have asked a higher executive authority or secured a judicial directive allowing them to retain control of the funds released to the province. This, respondents failed to do,” Morales said.
According to Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, public officials are prohibited from causing any undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
Each accused has to pay P2.23 million of bail — P200,000 each for the 11 counts of the complex crime of malversation through falsification of public documents, and P30,000 for one count of graft.
Degamo was earlier dismissed from service by the Ombudsman over the calamity funds misuse. But he went back to his post after being reelected and after the Court of Appeals issued a temporary restraining order on his dismissal.
The appellate court later downgraded his administrative liability from grave misconduct to simple misconduct, and cleared him from dismissal in lieu of his reelection in office pursuant to the condonation doctrine. JE
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