DUMAGUETE CITY – Negros Oriental Governor Roel R. Degamo believes that the Ombudsman is getting personal with him in the latest decision to dismiss him from public service.
For the third time in his political career, Degamo was dismissed by the anti-graft body for alleged grave abuse of authority. The two previous cases had been reversed by the Court of Appeals.
On Thursday night, Degamo said he was also hoping for reversal of the decision on the third case.
The first case stemmed from the complaint of June Vincent Gaudan on the advance payment of the province’s calamity fund. The second case stemmed from a complaint filed by Board Member Jessica Villanueva regarding the progress billing, also of the calamity fund in relation to typhoon Sendong.
The latest dismissal case stemmed from a complaint filed by former Provincial Board Member Millimoore Saycon, for the alleged misuse of the province’s PHP10-million intelligence fund.
In view of these three dismissal orders, the governor said, “gipersonal nagyud ko niinisa Ombudsman, (the Ombudsman is truly getting personal with me),” especially because the governor filed a complaint against the Visayas deputy ombudsman and others for grave abuse of authority and for selective justice. In fact, the respondents were directed by the Supreme Court to file their answer, Degamo said.
Inspite of Degamo’s motion for them to inhibit in hearing his case, the deputy ombudsman proceeded until the third dismissal order came out.
Degamo had earlier made known his all-out support to President Rodrigo Duterte in calling for an investigation of Ombudsman Conchita Carpio Morales.
The first two dismissal orders were regarding the use of the calamity fund and the third involves the application of the Aguinaldo doctrine and the intelligence fund.
Degamo’s legal counsel Atty. Richard Enojo recalled that in 2013, the provincial peace and order council had proposed a PHP10-million intelligence fund for plans and programs involving crime prevention, anti-insurgency operations and for the maintenance of peace and order that eventually led to the declaration of Negros Oriental as a conflict manageable and development ready province.
It was approved by the full Provincial Development Council and submitted to the Sangguniang Panlalawigan (SP) also for approval.
However, the said budget was scrapped by the SP, prompting Degamo to veto the same. Under the Local Government Code, the SP has to override the veto by a two-thirds vote of all its members but it was not acted upon, thus, the intelligence fund was dispensed with.
Putting that aside, Enojo disclosed an audit observation was issued by the regional Commission on Audit until it reached the COA central office, the findings of which showed there was good faith in the use of the intelligence fund. However, a notice of disallowance was issued, in effect, requiring Degamo to reimburse the PHP10-million intelligence fund.
The governor took from his personal money PHP10 million as refund early in October or September this year, hand carried it to the Ombudsman in Cebu and so the issue had been settled.
Enojo said if there is somebody who is prejudiced in this case it is not the government but the governor himself who used personal money for the expenses that he did for the public, in implementing the plans and programs submitted by the Provincial Peace and Order Council (PPOC), which were fully liquidated and settled.
As to availment of the Aguinaldo doctrine, Degamo’s camp maintained they are covered because the Supreme Court decision in the case of former Makati Mayor Jejomar Erwin "Junjun" Binay, Jr. is not retroactive.
Degamo was sued before his reelection in 2013, two years before the high court decision on the Binay case. “I don’t think Visayas Deputy Ombudsman Clemente and Ombudsman Conchita Carpio Morales who is a retired justice do not know the meaning of prospective application of the abandonment of the Aguinaldo doctrine.”
Degamo was referring to the case of dismissed Makati Mayor Binay, Jr. who won a case after the Supreme Court reversed the decision of the Ombudsman, and allowed the application of the condonation or Aguinaldo doctrine.
That is why, Enojo said, they are making this issue personal by pretending to be innocent about the correct interpretation of what is a prospective application of the Aguinaldo doctrine.
He further said the same was exhaustively discussed in that high court decision of what is the meaning of prospective application and so there's no need to elaborate on the matter. Lawyers know it should be applied to acts after the decision not prior to the decision.
And in the case of Gov. Degamo, the acts complained of were allegedly committed in 2013, while the Binay case became final in November 2015.
A motion for reconsideration is being prepared even if Degamo’s camp is yet to receive the hard copy of the dismissal order. The attachments would include the three reversals, including the Ombudsman dismissal of San Jose Mayor Nelson Ruiz which was recently reversed by the Court of Appeals.
To Degamo’s camp, this is not anymore an error of judgment on the part of the Ombudsman but a “personal harassment” against the governor, Enojo pointed out.
Degamo’s ally, Dumaguete City Mayor Felipe Remollo, said that because of this series of events, he has the more reason to support Duterte’s call to investigate the Ombudsman.
Remollo is quite sure of the reversal, especially with the reimbursement of the amount following the notice of disallowance.
Mayor Remollo strongly believes there was no damage on the part of the government. In fact, a lot of government officials and employees have disallowances that have not been refunded yet, he said. (PNA)
DECEMBER 2017
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