SC junks 22 graft, malversation charges vs Negros Oriental Gov Degamo 10 days before he was killed March 4
The Supreme
Court (SC) has ordered the dismissal of 22 counts of graft and malversation
charges involving P143.2 million in 2012 against Negros Oriental Gov. Roel R.
Degamo last Feb. 22 or 10 days before he was killed in his residence in
Pamplona town last March 4.
The SC’s
resolution, which granted Degamo’s petition and those of his co-accused and issued
by the court’s first division, was made public last March 29, or 25 days after
the governor’s slaying where eight other persons died.
Also cleared
by the SC were Degamo’s co-petitioners -- provincial treasurer Danilo Mendez,
provincial accountant Teodorico Reyes and private contractor Farouk Macarambon. They all filed separate petitions which were
consolidated into one case by the SC.
The SC
reversed and set aside on the ground of double jeopardy, the resolutions issued
by the Sandiganbayan’s Second Division which denied Degamo and his
co-petitioners motion seeking the summary dismissal of the charges filed
against them by the Office of the Ombudsman.
The charges
arose from the P480.7 million Special Allotment and Release Order (SARO) which
Degamo requested in 2012 for projects after Negros Oriental was ravaged by
typhoon “Sendong” in 2011.
The late
governor and his co-accused were indicted criminally for disbursing P143.2
million out of the P480.7 million.
Degamo was accused of conspiring with his
co-respondents in disbursing P143.2 million of the P480.7 million SARO for calamity
funds despite lack of funds because the SARO was withdrawn by the Department of
Budget and Management (DBM) on
Among other
legal justifications, Degamo and his co-accused told the SC that they have
already been acquitted by the Sandiganbayan’s third division with a ruling that
they acted in good faith and there was no manifest partiality or gross inexcusable
negligence on their part.
They also
said the pendency of the similar cases before the anti-graft court’s second and
third divisions would result in multiple prosecutions.
The dispositive
portion of the SC’s resolution: