News and UpdatesIn the NewsSupreme Court rebuffs CA over Degamo TRO, WPI

Supreme Court rebuffs CA over Degamo TRO, WPI

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The Supreme Court has rebuffed the Court of Appeals for issuing a Temporary Restraining Order and a Writ of Preliminary Injunction in favor of dismissed Gov. Roel Degamo in January 2018.

In a decision dated Oct. 9, 2019, stamped released on Nov. 13, but which was only uploaded in the Supreme Court website last week, Associate Justices Jose Reyes Jr., Diosdado Peralta, Marvic Leonen, and Ramon Paul Hernando of the Special 19th Division of the Supreme Court nullified the TRO and WPI on the implementation of the Ombudsman’s March 2017 dismissal order, and ordered the Court of Appeals to immediately resolve Degamo’s appeal on his dismissal.

The Supreme Court’s order stemmed from a petition for certiorari challenging the TRO and the WPI dated Jan. 11, 2018 and March 7, 2018, respectively, filed by former Provincial Board Member MellieMoore Saycon.

The Ombudsman had, in a decision dated March 2, 2017, found Degamo guilty of Grave Misconduct, and meted the penalty of Dismissal, for spending P10 million in Intelligence Expenses in the 2013 budget of the Province that was not backed by an appropriation ordinance.

Degamo had included the item on Intelligence Expenses when he submitted the proposed budget for 2013, but the Provincial Board instead realigned the P10 million fund for Gender and Development programs, still under the Office of the Governor.

The Governor vetoed the “deletion or non-inclusion” of the Intelligence Fund from the 2013 budget; the Provincial Board did not override the veto.

The Department of Budget & Management regional office, after reviewing the budget, said the Governor’s veto was void because there was no item for Intelligence Fund in the 2013 budget.

But by then, Degamo had already ordered the Provincial Budget Officer, the Provincial Treasurer, and the Provincial Accountant to release the P10 million “for payment of different activities related to intelligence operation”. The amount was released despite the objection of the three officials.

The Commission on Audit also agreed with the position of the DBM on the issue, saying the disbursement of the intelligence funds in the absence of an appropriation was in violation of Section 305 (a) of Republic Act 7160 or the Local Government Code and Section 4 (1) of Presidential Decree 1445 or the Government Auditing Code of the Philippines.

In his defense, Degamo explained to the Ombudsman that the expenses for the intelligence fund are deemed included in the appropriations ordinance. According to him, the intelligence funds are already part of the Annual Investment Program of the Province as approved by the Provincial Development Council.

Degamo also said the Provincial Board acted outside of its authority in deciding not to include the item in the appropriations ordinance and therefore, had no legal effect.

In March 2, 2017, the Ombudsman dropped the charges against the Provincial Treasurer, Provincial Auditor, and Provincial Accountant but held that Degamo was liable for Grave Misconduct and ordered his dismissal, with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking civil service examinations.

Degamo was served the Dismissal Order, and he filed a petition for review with the Court of Appeals, asking for a TRO. He said he had the clear and unmistakable right to be protected from the enforcement of an irregular and persecutory decision, and said that he would suffer “great, irreparable injury” as his dismissal from service would “scandalize government service” in Negros Oriental.

The Court of Appeals agreed to issue the TRO on Jan. 11, 2018, citing the Aguinaldo Doctrine. It said the condonation doctrine should have been applied as it noted that Degamo was re-elected in the 2013 elections.

Saycon then filed a Comment, seeing a reconsideration of the granting of the TRO. He said the condonation doctrine could not be applied in this case because Degamo was not re-elected in 2013, as he ran and won as Board Member in the 2010 elections.

The CA, however, rejected Saycon’s motion, and issued the questioned WPI in March of 2018.

Saycon then filed the motion for certiorari before the Supreme Court.

In deciding the motion of Saycon, the Court cited the case of the City Government of Butuan vs. Consolidated Broadcasting System, noting that for an injunctive writ to be issued, Applicant must show that he is entitled to the relief being demanded.

The Supreme Court said “public service cannot be considered a property right”, quoting a Constitutional dictum that “a public office is a public trust”.

The Court also emphasized that the enforcement of the Ombudsman’s Dismissal Order would not result in grave or irreparable injury to Degamo. “Neither was there an urgent necessity in order to prevent serious damage to Roel as a public officer,” the Court said.

The Supreme Court cited the case of Ombudsman vs. Samaniego where it said that providing for the immediate execution of Ombudsman’s decisions is a valid exercise of the Ombudsman’s constitutionally-granted rule-making power.

It said that the Court of Appeals should not have issued the Temporary Restraining Order and Writ of Preliminary Injunction to prevent the implementation of Degamo’s dismissal.

The Supreme Court explained that Respondent in an administrative case who is meted with the penalty of dismissal from the service is considered under preventive suspension, in the event that he appeals the Order and the appeal is successful.

Respondent may also receive the salary and other emoluments not received by reason of the removal.

The court, however, said it is not preempting the resolution of the other issues pending in the Court of Appeals, and that its decision is limited to the question of whether the CA gravely abused its discretion in issuing the TRO and the WPI.

Meanwhile, in a hastily- called press conference last Friday, Degamo, for his part, said there is nothing more to resolve because the case was dismissed “a long time ago”. He said the Commission on Audit had certified that he had already returned the P10 million to the government in 2017, and branded the Supreme Court decision as a political stunt by his detractors.

He also announced that he will run for another term as governor in the 2022 elections.

He said he made the decision after the Supreme Court ruled in favor of Governor Talledo of Camarines Sur, who was dismissed by the Ombudsman four times.

“The Supreme Court ruled that Talledo’s term was interrupted when he was dismissed. What’s the difference between the case of Talledo and Degamo? Nothing,” the Governor said. (Juancho Gallarde)

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