For the second time, Gov. Roel Degamo has parried the dismissal order of the Ombudsman with a temporary restraining order from the Court of Appeals.
The dismissal order was issued by Ombudsman Conchita Carpio-Morales as a result of a case filed by Board Member Jessica Jane Villanueva and the Ombudsman Field Investigation Office in relation to the release of calamity funds in 2012, despite the Negative SARO issued by the Department of Budget & Management.
This was the second dismissal order issued by the Ombudsman based on the same case. The first was filed by June Vincent Gaudan, which was eventually reversed by the Court of Appeals, downgrading the Governor’s offense from Grave Misconduct to Simple Misconduct, and ruling that Degamo could not be penalized anymore on account of his election under the Aguinaldo (condonation) Doctrine.
Former Bais City Mayor Hector Villanueva said the second TRO, which took effect immediately, was released by the Court of Appeals on Feb. 13.
Villanueva said the Court of Appeals has ordered Degamo to post a P100,000 bond within 10 working days, or the TRO would be lifted.
The TRO was issued before the second dismissal order of the Ombudsman could be implemented by the Department of Interior & Local Government.
Governor Degamo, meanwhile, has slammed Ombudsman Carpio Morales of bias and political harassment for issuing a second dismissal order for exactly the same case, which led to the issuance of the first dismissal order.
In an interview with a Bacolod newspaper, Degamo said the second case should be classified as ‘double jeopardy’.
Double jeopardy means charging a person of the same crime, for which he has already been convicted or acquitted.
While the case is pending before the Supreme Court, Degamo said there was a Court of Appeals decision reversing the Ombudsman’s ruling dismissing him from his office in a previous case because he is covered by the Aguinaldo Doctrine.
It is moot and academic because there was permanent injunction, he added. “This is political harassment,” he was quoted as saying.
He cited the Court of Appeals ruling which said the project after the 2012 calamity was implemented in good faith, and that there was no criminal intent when he implemented it. (MP)
