Negros Oriental governor slapped with 90-day suspension over calamity fund mess

Negros Oriental Governor Roel Ragay Degamo has been suspended for 90 days after the Sandiganbayan granted the prosecution's motion to temporarily bar him from performing his duties.

In a two-page ruling, the anti-graft court's Third Division said it was mandatory to order the preventive suspension of Degamo while his graft and malversation cases are ongoing.

"Accordingly, the court hereby orders the suspension (pending litigation) of accused Roel Ragay Degamo as governor of the province of Negros Oriental and from any other public position he may now or hereafter hold for a period of 90 days," the Sandiganbayan said.

Degamo, along with provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes, was charged with one count of violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, and 11 counts of malversation of public funds through falsification of public documents under the Revised Penal Code.

Investigations showed that the Department of Budget and Management issued a special allotment and release order (SARO) for P961.5 million on June 5, 2012 in response to Degamo’s request for funds for the rehabilitation of infrastructure in the province damaged by Typhoon Sendong, which occurred in December 2011, and the magnitude 6.9 earthquake that happened in February the following year.

Of the P961.5-million calamity fund, P480.7 million was immediately released to the provincial government.

However, the DBM informed Degamo on June 19, 2012 that the SARO was being withdrawn due to the failure of the province to comply with existing guidelines for infrastructure projects.

The issuance of a negative SARO meant the provincial government’s projects were no longer supported by appropriation and allotment.

Despite the notice, Degamo and other local government officials proceeded to award 11 infrastructure contracts amounting to P143.2 million representing the 15 percent advance payment to contractors. 

Upon audit, the Commission on Audit issued 11 Notices of Disallowance because the local government certified the funds as available despite the SARO’s withdrawal.

The prosecution said the Sandiganbayan must order Degamo's suspension as stated under Section 13 of RA 3019.

Section 13 of the law states: "Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office."

Degamo, through his lawyers, said he should not be suspended considering his mandate as provincial governor.

However, the Sandiganbayan agreed with the prosecution, saying Degamo must be suspended until the validity of the case is determined.

"It is mandatory for the court to place accused Degamo under preventive suspension once the validity of the information is positively determined," the Sandiganbayan said.

Presiding Justice Amparo Cabotaje-Tang and Associate Justices Bernelito Fernandez and Sarah Jane Fernandez all approved of the court order. — MDM, GMA News