For the 3rd time; Ombuds orders Degamo dismissed as governor

DUMAGUETE CITY, Philippines — For the third time in his term of government service, Negros Oriental Governor Roel Degamo was ordered dismissed by the Ombudsman for alleged grave abuse of authority.

After this third dismissal order, Degamo said, "gi-personal na gyud ko niini sa Ombudsman," especially because he filed a complaint against the Visayas deputy ombudsman and others for grave abuse of authority and for selective justice. The Supreme Court (SC) even directed these respondents to file their answers to Degamo's plea.

Despite Degamo's motion for them to inhibit from hearing his case, the deputy ombudsman proceeded with it resulting in the issuance of this third dismissal order.

The two previous dismissal orders had been reversed by the Court of Appeals, and the Degamo camp is now hoping for another reversal this time.

The first case reversed was on the complaint filed by June Vincent Gaudan over the advance payment of the calamity fund. The second was on the complaint filed by Provincial Board Member Jessica Villanueva over the progress billing, and of the typhoon Sendong fund that was filed by ex-PB member Butchoy Saycon.

Degamo's involvement in the these first two cases was regarding the use of the calamity fund, while his third is about the application of the Aguinaldo doctrine and the use of intelligence fund.

Degamo's lawyer Richard Enojo recalled that, in 2013, the Provincial Peace and Order Council (PPOC) proposed for a P10-million intelligence fund for plans and programs involving crime prevention, anti-insurgency operation, and maintenance of peace and order, which resulted in the declaration of Negros Oriental as a conflict manageable and development ready province.

It was approved by the full Provincial Development Council (PDC) and submitted to the PB for approval. But the PB scrapped such budget, prompting Degamo to veto it. The PB however failed to override the governor's veto, thus the intelligence fund was dispensed with.

Enojo also said that the Commission on Audit-Region 7 issued an audit observation that reached the COA central office, the findings of which showed there was good faith in the use of the intelligence fund. Even then, the COA issued a notice of disallowance, which in effect required Degamo to reimburse the P10 million fund.

Without complaining, Degamo drew from his personal funds and refunded the P10 million in September or early October this year, by personally giving the money to the Ombudsman in Cebu. Thus the case was settled.

Enojo said if there is somebody who is prejudiced in this case it is not the government but the governor himself who used his personal money for the expenses that he actually did for the public-the implementation of the programs proposed by the PPOC-that he fully liquidated and settled.

On availing himself of the Aguinaldo doctrine, Degamo's camp contended that he is covered by it, citing the SC decision on the Binay case that is not retroactive.

Degamo was sued before his reelection in 2013, two years before the SC 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," Enojo said.

This is the reason why Enojo commented that the Ombudsman is making this issue personal by pretending to be innocent about the correct interpretation of what is prospective application of the Aguinaldo doctrine. He also said that this was exhaustively discussed in that SC decision so there is no need to elaborate on the matter.

"Lawyers know it should be applied to acts after the decision not prior to the decision," he said, adding that, in the case of Degamo, the acts complained of was allegedly committed in 2013, while the Binay case became final in November 2015.

A motion for reconsideration for this third Ombudsman order is now being prepared even if the Degamo's camp has yet to receive the hard copy. The motion's attachments would include the three reversals, including the Ombudsman dismissal of San Jose town Mayor Nelson Ruiz, which was recently reversed also by the Court of Appeals.

Enojo argued that this is not anymore an error of judgment on the part of the Ombudsman but a personal harassment against the governor.

Degamo's ally Dumaguete City Mayor Felipe Remollo, for his part, said that based on this series of events, he has more reason to support President Rodrigo Duterte's call to investigate the Ombudsman. Degamo himself had earlier made public his support for the President's call for such investigation.

Remollo said he is quite sure of the reversal of this third dismissal order, especially with Degamo's reimbursement of the money after COA's notice of disallowance. There was no damage on the government, and that there are even many government officials and employees who until now have not refunded their disallowances, added the mayor. (FREEMAN)