NEGROS Oriental Governor Roel Degamo will remain in his position after he was able to secure a temporary restraining order (TRO) from the Court of Appeals (CA) against yet another dismissal order against him.
Degamo is currently serving a 90-day preventive suspension due to another case in the Ombudsman, involving the alleged anomalous use of P460-million calamity fund.
Degamo said Monday, January 15, that he will return to work tomorrow.
He said he didn’t have a hard time securing a TRO from the Appellate Court as they found his arguments meritorious.
The TRO is good for 60 days.
In the December 7 dismissal order of the Ombudsman, Degamo was found guilty of grave misconduct for the anomalous utilization of the province’s 2013 budget.
The Provincial Board disapproved the proposed P10-million intelligence fund, but was later released to the governor after he issued a memorandum directing its release.
The Ombudsman said the dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility, forfeiture of retirement benefits and bar from taking the civil service examination. It also ordered the filing of charges against Degamo for violation of the Anti-Graft and Corrupt Practices Act.
Degamo stressed the Ombudsman has “nothing to do with the intelligence funds.”
He pointed out the right agency that could tell him there was misuse in the intelligence fund is the Commission on Audit (COA).
“Only the governor, COA and the Lord know about the intelligence fund,” Degamo said as he explained that the COA cleared him from any responsibility involving the 2013 intelligence fund.
COA gave him certification, meaning he is not accountable of the 2013 intelligence fund and that they can utilize the 2014 intelligence fund, he added.
“All is cleared. So why the Ombudsman is again after me? This is the third dismissal order,” he pointed out.
Degamo said he is covered by the Aguinaldo Doctrine, which absolved his administrative liability when he was re-elected into office.
Vindicated
Degamo said he is vindicated by the CA ruling as he slammed his detractors for masterminding his ouster.
He said his enemies from the Liberal Party don’t want him to return to office.
“They want to rule the Capitol, but the people didn’t elect them,” he added.
He lamented that he was deprived from serving his constituents for three months.
“Ito’ng mga elista na ito, mga p***** ina na elista na ito, kahit magtulung-tulungan pa sila,” he said.
“I challenged them to run for governor especially Vice Governor (Edward Mark) Macias. If he (Macias) will not run for governor, I will run for vice governor,” Degamo added.
Macias had seen serving as acting governor after Degamo’s preventive suspension order was served on October 18 last year. He took his oath as governor on December 19.
On June 17, 2016, Degamo was also served with a dismissal order after he was discharged from the service by the Ombudsman in relation to the calamity fund, but the governor was able to secure a TRO.
The calamity fund was for the rehabilitation of the province’s infrastructure damaged by Typhoon Sendong in December 2011 and the 6.9 earthquake in February 2012.