Sandigan orders arrest of Negros Oriental governor, 2 execs

MANILA, Philippines — The Sandiganbayan Third Division has ordered the arrest of Negros Oriental Gov. Roel Degamo and two other officials of the province for graft and malversation cases in connection with the alleged illegal use of P143.2-million worth of calamity funds in 2012.

In a 28-page resolution dated January 24, released to the media Tuesday, the anti-graft court said there is sufficient ground to proceed with the trial of Degamo, provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes for one count of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and 11 counts of the complex crime of malversation of public funds through falsification of public documents under the Revised Penal Code.

“There is probable cause that the crimes... were committed and the herein accused-movants are probably guilty thereof; hence they ought to be arrested and held for trial,” the resolution penned by the Third Division chairman Presiding Justice Amparo Cabotaje-Tang read.

Associate Justices Sarah Jane Fernandez and Zaldy Trespesses concurred with the ruling.

A check with the Third Division Office of the Clerk of Court showed that arrest warrants were issued to the three officials on January 24. The Sandiganbayan Sheriff's Office said their personnel were on the way to serve the arrest order as of Wednesday noon.

The court set the bail of each accused at P2.23 million or P2.2 million for 11 counts of malversation through falsification and P30,000 for one count of graft.

Based on the information of the cases filed by the Office of the Ombudsman early this month, the respondents proceeded with the awarding of 11 infrastructure contracts totalling P143.2 million, despite a notice from the Department of Budget and Management (DBM) that it has already recalled the Special Allotment Release Order (SARO) for the project due to the provincial government's failure to comply with the requirements and guidelines.

The infrastructure project was supposed to be for the areas in Negros Oriental heavily hit by Typhoon Sendong in December 2011 and by a 6.9-magnitude earthquake in February 2012.

The ombudsman said the irregularity of the awarding of contracts was further established after the Commission on Audit (COA) issued 11 Notices of Disallowance, observing that the funds were certified as “available” despite the withdrawal of the SARO.

The Third Division found no merit on the respective motions of the respondents to dismiss the cases.

The court said the evidence on hand, such as the ombudsman's resolution finding probable cause for the filing of the cases, as well as the sworn affidavit of a certain June Vincent Manuel Gaudan, who filed the complaint before the Ombudsman-Visayas in October 2013, all show that there is probable cause to conduct a full-blown trial of the cases.

The court gave no weight to the respondents' argument that it should await first the COA ruling on their appeal on the Notices of Disallowance before determining if there is probable cause to proceed with the trial.

“The pendency of accused-movants' appeal before the COA does not divert the Court of its jurisdiction to hear and try these criminal cases,” the Third Division said, citing previous Supreme Court rulings.