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[av_heading heading=’DEGAMO STILL GOVERNOR’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
By ADRIAN STEWART CO
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January 17, 2018
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CA issues TRO vs NegOr guv’s 3rd dismissal order
MANILA – The Court of Appeals (CA) has issued a temporary restraining order (TRO) on the implementation of the dismissal order that the Office of the Ombudsman issued against Negros Oriental governor Roel Degamo.
In a resolution released on Monday, the CA-Visayas Station issued a 60-day suspension on the implementation of the dismissal order with regard to the alleged questionable use of the local government’s P10-million intelligence fund in 2013.
“This is a welcome development for my client. The TRO issued by the CA will allow my client to return to his post as Negros Oriental governor,” Degamo’s lawyer Manuel Luna said.
This was the third dismissal order that the Ombudsman issued against Degamo. The CA had downgraded the first dismissal and issued a TRO 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.
Ombudsman Conchita Carpio-Morales has ordered the dismissal of Degamo after he was found guilty of grave misconduct and was charged under the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.
Degamo, however, questioned the dismissal order saying that the Ombudsman has gravely abused its discretion when it disregarded the condonation doctrine, which should be applied since he was re-elected as governor in 2013.
Under the condonation doctrine, the administrative offenses of an elected official are deemed forgiven when the official was re-elected by the public for another term. But the Supreme Court has recently decided to abandon it since it was being abused.
Degamo also noted in his appeal that the dismissal lacks basis since the subject P10-million fund was already settled and accounted for as can be seen in the records of the Commission on Audit./PN
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