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[av_heading heading=’DEGAMO DISMISSED ANEW NegOr guv accuses Ombudsman of partiality ‘ 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 CYRUS GARDE
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BACOLOD City – Ombudsman Conchita Carpio-Morales has ordered the dismissal from the service of Negros Oriental governor Roel Degamo after he was found guilty of grave misconduct over the anomalous release of the P10-million intelligence fund in 2013.
The dismissal order carries accessory penalties including perpetual disqualification from holding any public office, forfeiture of retirement benefits and being banned from taking the civil service examination.
Degamo had been dismissed before but the Court of Appeals granted his application for a temporary restraining order in 2016, thus his return to holding his position.
In October 2012, Degamo submitted to the Sangguniang Panlalawigan (SP) the 2013 budget proposal that included an item for intelligence expenses worth P10 million.
On Jan. 15 the next year, the SP enacted an appropriation ordinance but it did not include the intelligence fund.
Degamo vetoed the “questionable deletion or non-inclusion of the item, which veto was not overridden by the SP.”
Exactly three months later, Degamo issued a memorandum directing the release of the P10-million intelligence fund “without further delay.”
The next day, a cash advance for the payment of expenses of different intelligence-related activities was dispensed to Degamo.
The release of the amount, however, was “made in the absence of an approved appropriation ordinance,” which, according to the Commission on Audit (COA), is a violation of Section 305 (a) of the Local Government Code and Section 4 (1) of the Government Auditing Code of the Philippines.
Carpio-Morales said the codes “provide that no money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law. Degamo’s act of insisting for the release of the cash advance despite the apparent absence of the necessary appropriation is thus a clear badge of willful intent to violate the laws and established rules.”
The Ombudsman directed the secretary of the Department of Interior and Local Government to implement the order.
Copies of the decision were also given to the regional offices of the Civil Service Commission, Commission on Elections, COA, and the Government Service Insurance System.
The Ombudsman will also file a graft charge against Degamo, it said in a statement released yesterday.
Degamo has sued the officials of the Office of the Ombudsman for graft at the Department of Justice.
He accused the Ombudsman officials of partiality in two dismissals in the past over earlier corruption charges.
Degamo is invoking the Aguinaldo doctrine, under which administrative offenses of an elected official are already deemed.
In October this year, the Ombudsman also ordered a 90-day suspension against Degamo for another offense, which was in relation to the issue of calamity funds misuse.
For such offense, Degamo faces trial for graft and malversation before the Sandiganbayan./PN
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