DUMAGUETE CITY–The Court of Appeals has reversed the Jan. 12, 2016 Joint Resolution and the May 16, 2016 Joint Order of the Office of the Ombudsman dismissing Negros Oriental Gov. Roel R. Degamo for Grave Misconduct for the questionable release of Calamity Funds in 2012, following the damage caused by Typhoon Sendong in 2011 and the Magnitude 6.9 earthquake in February 2012.
In a Decision dated Aug. 30, 2016, penned by Associate Justice Stephen C. Cruz, the Special 5th Division of the Court of Appeals downgraded Degamo’s administrative liability to Simple Misconduct for disobeying the Order of the Department of Budget & Management and the Commission on Audit to return the money to the national coffers.
Degamo had requested for a calamity fund for repair, rehabilitation, and construction of structures damaged by the two calamities to include roads, bridges, river dikes, among others, which was granted on June 5, 2012 by the DBM regional office through a Special Allotment Release Order (SARO) in the amount of P961 million.
On June 7, 2012, P480,775,000 was released and deposited to the provincial government’s bank account.
However, on June 19, 2012, DBM Undersecretary Mario Relampagos withdrew the SARO for reasons that the Province had not yet complied with existing guidelines on releases for infrastructure projects amounting to P10 million and higher, which require prior approval from the Department of Public Works and Highways.
And on June 29, 2012, DBM-7 Director Carmela Fernan issued a negative SARO, withdrawing the release of the calamity fund in demanding for the return of the P480 million funding.
The Court meted Degamo a penalty of Suspension from office for one month and one day to six months, but this could no longer be imposed in view of his election as Governor in 2013, pursuant to the Condonation Doctrine, the Decision said.
The Court of Appeals said that based on the evidence on record, Private Respondent failed to adequately establish the elements of Grave Misconduct, that is, corruption, clear intent to violate the law, or flagrant disregard of established rule.
The Decision said the Governor had valid and acceptable reasons and justification (for releasing the calamity funds) but the fact remains that he refused to comply with the order of the DBM and the COA.
This Ombudsman case stemmed from a complaint by private complaint June Vincent Manuel S. Gaudan of Dumaguete City in 2012, after Degamo, Provincial Treasurer Danilo Mendez, and Provincial Accountant Teodorico Reyes disbursed the P480 million Calamity Fund to contractors for river control projects and the repair of spillways and bridges damaged by Sendong and the earthquake, even though the DBM had revoked the SARO it had earlier issued for the fund release.
Mendez was chair of the bids and awards committee which recommended the awarding of the projects to the winning contractors.
Projects worth above P10 million require approval from the DPWH to determine if the recipient is capable of implementing the project.
Carmela Fernan, DBM Central Visayas director, issued a negative Saro on June 29, 2012, withdrawing the release of the calamity fund and demanding the return of the P480 million. (IFBP)
