THE Court of Appeals has prevented the Office of the Ombudsman from implementing its latest order dismissing Negros Oriental Gov. Roel Degamo from service, in connection with the alleged irregularity in the use of the local government’s P10-million intelligence fund in 2013.
In a resolution released on Monday, the CA’s Visayas Station in Cebu City issued a temporary restraining order enjoining the implementation of the third dismissal order issued by Ombudsman Conchita Carpio-Morales against Degamo last month.
The appellate court’s TRO is effective for 60 days.
The CA granted the urgent relief sought in the petition recently filed by Degamo, found guilty of grave misconduct by the anti-graft office and charged for violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.
Degamo’s lawyer Manuelito Luna said the TRO allowed his client to return to the top post in the provincial capitol.
In filing the petition, the governor accused the Ombudsman of committing grave abuse of discretion when it did not apply 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 in proactive application.
Degamo also asserted that the dismissal order had no 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.
Earlier this month, he filed an administrative case against Deputy Ombudsman for Visayas Paul Elmer Clemente and several others before the Office of the President for alleged graft and corruption and betrayal of public trust.
Apart from dismissal from service, the Ombudsman also imposed on Degamo accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, forfeiture of retirement benefits, and bar from taking the civil service examination.
Based on the findings of the Ombudsman, Degamo submitted the province’s proposed 2013 budget in October 2012 to the Sangguniang Panlalawigan, which included intelligence expenses worth P10 million.
The board approved the budget but omitted the intelligence fund.
Degamo then questionned the amount’s “deletion or non-inclusion of the item on confidential/intelligence fund, which veto was not overridden by the SP” on Jan. 15, 2013.
Three months later, Degamo issued a memorandum ordering the release of the P10 million “without further delay.”
The Ombudsman said the fund was released on April 16, 2013 to the office of Degamo through a cash advance for the payment of expenses of intelligence-related operations.
But a report from the Commission on Audit’s regional office found that the cash advance was made in the absence of an approved appropriation ordinance in violation of Section 305(a) of the Local Government Code and Section 4 (1) of the Government Auditing Code of the Philippines.
The Ombudsman echoed the CoA findings, saying the appropriation “does not contain any item on confidential/intelligence fund, the release of the cash advance in the amount of P10 million was not supported by the necessary appropriation.”
Morales said Degamo clearly violated the two government codes, saying the governor had a willful intent to violate the law when he insisted on the appropriation of the P10 million.
This is the third dismissal order issued by the Ombudsman against Degamo.
The CA had downgraded the first dismissal while it 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.