The Supreme Court has upheld the decision of the Ombudsman to clear former Budget & Management Undersecretary Mario Relampagos for his role in withdrawing in 2012 calamity funds from the Province of Negros Oriental amounting to P480.7 million.
In a 13-page decision dated Dec. 5, 2018, the Supreme Court’s Third Division, chaired by Associate Justice Diosdado Peralta, dismissed the Petition for Certiorari filed by Negros Oriental Gov. Roel Degamo.
Degamo filed the petition for Certiorari before the Supreme Court on May 7, 2014, after the Ombudsman dismissed the case and the Motion for Reconsideration the Governor earlier filed against Relampagos for “Usurpation of Authority”.
Degamo claimed that while he believes the Department of Budget and Management has the power to approve or disapprove Special Allotment Release Orders (SARO), it does not have the power to revoke, cancel or suspend what has been approved by the President.
The National Disaster Risk- Reduction and Management Council requested for calamity funds amounting to P961,550,000 to finance the repair and rehabilitation of infrastructure damaged by Tropical Storm Sendong in 2011 and the magnitude 6.9 earthquake that hit Negros Oriental in 2012.
The Office of the President approved the request, and gave P480.7 million, consisting half of the amount requested by the NDRRMC, to the Province of Negros Oriental on June 5, 2012. The DBM issued a Special Allotment Release Order and a Notice of Cash Allocation for the amount.
However, the DBM, through Relampagos, wrote Degamo on June 19, 2012, informing him that they were withdrawing the SARO because the release of the money did not comply with the guidelines for the release of large scale fund releases for infrastructure projects.
On June 29, the DBM Regional Office asked the Province to return the money to the National Treasury.
On July 16, 2012, Degamo informed Relampagos that the provincial government would not return the funds, and that Relampagos was illegally withdrawing the funds without the knowledge of higher authorities.
Degamo maintained that only the President could have withdrawn the SARO from the Provincial Government.
The Ombudsman cleared Relampagos for lack of probable cause, and upheld their decision when Degamo filed a motion for reconsideration, saying that Relampagos acted in good faith when he withdrew the SARO.
The Court, in dismissing Degamo’s petition for Certiorari, said Degamo failed to refute Relampagos’ allegation that the act was upon the instructions of President Benigno Aquino III.
Relampagos said the President told Budget Secretary Florencio Abad to strictly enforce the provision in the General Appropriations Act allowing the delegation of national-funded infrastructure projects only to local government units with the capability to implement the projects by themselves.
The Court noted that while Relampagos withdrew the SARO in good faith, “on the contrary, it appears it was petitioner (Degamo) who acted in bad faith”.
“… despite the notice of withdrawal and the directive to return the public fund to the National Treasury pending compliance with the rules, petitioner (Degamo) brazenly procured various infrastructure projects. Petitioner was the only one among the local chief executives who disregarded the Order from the Executive Department,” the Court said.
The Court said Relampagos did not usurp the function of the Executive Secretary because he did not claim to write for and on behalf of the President.
The Court noted that Relampagos signed in his own name as undersecretary for Operations under the words “By Authority of the Secretary”.
It appears that Relampagos was acting upon the orders of Abad, upon the instructions of the President.
The Court said that under the doctrine of qualified political agency, Department Secretaries may act for and on behalf of the President on matters where the President is required to exercise authority in their respective departments, the Supreme Court said. (Alex Pal)
