NEGROS Oriental Gov. Roel Degamo on Wednesday said he is confident the Sandiganbayan will eventually quash the graft case filed by Ombudsman against him in connection with the P480,775,000 assistance fund to rehabilitate the province that was severely damaged by Typhoon “Sendong” in December 2011 and the 6.9-magnitude earthquake in February 2012 .
“In as much as the fund was intended to address the various damages caused by the two succeeding calamities, plus the fact that it was released at the start of the rainy season, the provincial government immediately conducted a bidding for the immediate implementation of the projects covered by the fund released. The projects were above-board and I’m confident we can win this one in court,” Degamo said.
On Jan. 27, Degamo went to the Sandiganbayan to post bail after he was ordered arrested.
The governor’s appeal to reduce the bail was granted by the court, from P2.23 million to P1.115 million (P100,000 each for the 11 counts of complex crime of malversation through falsification of public documents and P15,000 for one count of graft).
The Ombudsman also charged for the same offenses Provincial Treasurer Danilo Mendez and Provincial Accountant Teodorico Reyes for alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and the Revised Penal Code.
Earlier, Degamo said the charges filed against him is “politically-motivated” that stemmed from his landslide victory in the last May 2016 elections.
“Ito ay kaso na nai-file sa akin ng mga kalaban ko sa pulitika dahil tinalo ko ang lahat ng mayayaman doon sa amin. I won without money,” Degamo was quoted as saying in a report after he posted bail at the anti-graft court.
Ombudsman Conchita Carpio-Morales said the respondents ignored a directive of the Department of Budget and Management that issued a “negative SARO” (special allotment release order) and therefore withdrawing the calamity fund for release to the province.
Degamo said he himself had questioned the intent of the issuance of the negative SARO.
“I’m confident we will be cleared by the court. Legal ang lahat ng pinagggamitan ng pondo,” he reiterated.
In connection with the case, Morales also ordered Degamo dismissed from the service but the Court of Appeals junked the dismissal through a temporary restraining order that also allowed the governor to remain to his post being a reelected government official. The court also downgraded his administrative liability from grave misconduct to simple misconduct.
Degamo recalled the provincial government sought Aquino’s assistance for the repair, rehabilitation and reconstruction of affected areas destroyed by Sendong and the earthquake as the province was among provinces declared by the President as under state of calamity.
The following are facts of the case:
On 13 February 2012, the Executive Secretary issued a directive, specifically indicating undertaking projects to rehabilitate the province, to the National Disaster Risk Reduction and management Council (NDRRMC) to immediately consolidate the assessed damaged by two calamities.
On 11 May 2012, NDRRMC recommended to the OP the release of Php961,550,000.00 as fund assistance to the province.
On 24 May 2012, the OP through the Executive Secretary approved the release of the said amount, along with the calamity funds for the municipalities of Camalaniugan, Cagayan; Tambulig, Zamboanga del Sur; and Kabayan, Benguet.
On 05 June 2012, with authority from the President, DBM Region VII Office issued SARO No. ROVII-12-0009202 corresponding to the said amount. On the same date, an NCA corresponding to 50% of the SARO amount was issued.
On 07 June 2012, Degamo received a letter from DBM Director Carmela Fernan dated 06 June 2012 indicating that the amount of P480,775,000 was released deposited to the bank account of the province. But on June 29, came the negative SARO.
