MikeLigalig.com

DUMAGUETE CITY -- Negros Oriental Governor Roel Ragay Degamo is awaiting his 90-day suspension order by the Sandiganbayan that will be served anytime this week to coincide with the major activities of the Buglasan Festival.

In its order, the Sandiganbayan made it clear that under Section 13 of Republic Act 3019 otherwise known as the Anti-Graft Law, it is mandatory for the court to place the accused Degamo under preventive suspension once the validity of the information is positively determined.

This refers to the criminal case filed by June Vincent Gaudan against Degamo for alleged violation of Article 217 in relation to Articles 171 and 48 of the Revised Penal Code as amended, or for malversation of public funds through falsification.

Degamo’s legal counsel, Richard Enojo, said this is not a surprise to the governor and his lawyers because after the arraignment of the criminal complaint, preventively suspending Degamo is a matter of course.

Upon hearing that the preventive suspension will be served Tuesday by the Department of Interior and Local Government (DILG), Degamo said he will accept the same even if it is against his will because this is part of the process and he still believes in the rule of law.

The governor was waiting for the preventive suspension order today, but a public holiday was declared for government employees and public and private schools in all levels due to the nationwide transport strike.

Meanwhile, the governor’s legal team had already petitioned the Supreme Court for the reversal of the order of the Sandiganbayan through a certiorari.

Enojo clarified that a preventive suspension is not a penalty nor punitive suspension but merely to prevent the governor from holding office while the investigation is going on.

Degamo expects the service of the preventive suspension order on Wednesday as he enjoined Negrenses not to be wary or sad about it because this is only temporary unlike the first suspension by the Ombudsman.

In the first suspension order, Degamo was able to get a temporary restraining order and favorable decision from the Court of Appeals that there was no criminal intent on his part in using the calamity funds to rehabilitate the province after it was battered by typhoon "Sendong."

The governor said the PHP460-million calamity fund was downloaded into the coffers of the provincial government following the issuance of a notice of cash allocation (NCA) and that a negative Special Allotment Release order or negative SARO could not supersede the same.

That is why the Court of Appeals, Degano said, ruled he had no criminal intent in using the funds, believing it was the best decision at that time to prevent loss of lives and properties and so the charge was reduced from grave to simple misconduct.

As soon as he is preventively suspended, Vice Governor Edward Mark Macias will automatically assume as acting governor, Degamo said. 

Degamo is hoping Macias will make good a verbal agreement with him witnessed by Board Member Miguel Dungog that everything will be orderly and that no major changes will be made in the organization until he comes back in January next year.

With such verbal agreement, Degamo enjoined employees of the provincial government and Negrenses to support Macias while he is under preventive suspension.

Degamo issued the statement while delivering a message during the opening of the three-day Buglasan Farm and Livestock Congress today at the provincial Capitol. (PNA)



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