Negros Oriental Gov. Roel Degamo (Photo from his Facebook page)
The Court of Appeals (CA) has stopped the implementation of the dismissal order issued by the Office of the Ombudsman against Negros Oriental Gov. Roel Degamo over the alleged questionable use of the local government’s P10-million intelligence fund in 2013.
In a resolution released Monday, the CA Visayas Station in Cebu City issued a 60-day temporary restraining order (TRO) on the implementation of the third dismissal order issued by Ombudsman Conchita Carpio-Morales against Degamo last month.
Degamo was dismissed after being found guilty of grave misconduct by the anti-graft office and charged for violation of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.
Manuel Luna, legal counsel for Degamo, said the restraining order would allow his client to return as head of the provincial capitol.
In his petition, Degamo said the Ombudsman gravely abused her discretion when she disrgarded the condonation doctrine in the case considering that he was reelected as governor in the 2013 polls.
The Supreme Court had voided the condonation doctrine in the case against former Vice President Jejomar Binay in 2015 – but with proactive application.
He added that the dismissal lacks basis since the subject P10-million fund was already settled and accounted for as shown by the Notice of Settlement issued on May 30, 2017 by the Commission on Audit.
This is the third dismissal order issued by the Ombudsman against Degamo. The CA had downgraded the first dismissal and issued a temporary restraining order on the second one in 2016.
The two previous cases stemmed from the alleged illegal disbursement of P143.2 million worth of calamity funds, both of which are pending at the Sandiganbayan. /atm