SC junks graft, falsification raps vs. Degamo, 3 others over use of calamity fund

The Supreme Court (SC) has dismissed the graft and falsification charges filed against the late Negros Oriental Governor Roel Degamo and three others involving the use of the calamity fund for infrastructure projects in the aftermath of Tropical Storm Sendong in 2011.

In a resolution dated February 22, the SC First Division granted the petition for certiorari submitted by Degamo and his co-accused provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes because they had previously been found not guilty of graft and 11 counts of malversation through falsification of public documents by the Sandiganbayan Third Division.

This case involved the same P480 million worth of calamity fund that was linked to the 11 graft and falsification charges that were previously pending before the Sandiganbayan Second Division.

Degamo and his co-accused in these cases allegedly proceeded to spend the P480-million calamity fund by awarding 11 infrastructure projects even if the Department of Budget and Management withdrew the Special Allotment Release Order covering the said amount on June 19, 2012, due to the "failure of Negros Oriental to comply with existing guidelines for infrastructure projects.”

The same criminal information accused Degamo and his co-accused of awarding the 11 infrastructure contracts amounting to P143.2 million of the P480 million, which accounts for 15% advance payment to contractors.

“The dismissal of the pending charges against petitioners is warranted on the ground of double jeopardy. As raised by petitioners Degamo, Mendez, and Reyes, they have already been acquitted in the proceedings before the Third Division of the Sandiganbayan, after a finding that they acted in good faith and there was no manifest partiality, evident bad faith, or gross inexcusable negligence on their part,” the SC said.

“Accordingly, the dismissal of the charges against Macarambon should likewise follow, on the basis that his alleged liability is merely based on the supposed illegal acts of petitioners Degamo, Mendez, and Reyes,” it added.

Macarambon is Farouk Macarambon of Fiat Construction Services, which was involved in the infrastructure projects.

“Accordingly, we hereby dismiss the [criminal] informations for 11 counts of violation of Section 3(e) of Republic Act No. 3019 in SB-17-CRM-2423 to SB-17-CRM-2433 (graft) and 11 counts of falsification punishable under Article 171 (4) of the Revised Penal Code in SB-17-CRM-2434 to SB- 17-CRM-2444 pending with the Second Division of the Sandiganbayan on the ground of double jeopardy,” the high court added.

Armed men killed Degamo at his residence in Pamplona, Negros Oriental, while distributing aid to his constituents on March 4.

Several individuals were suspected of conspiring to kill Degamo, including suspended Negros Oriental Representative Arnolfo “Arnie” Teves Jr., whose family is a political rival of the late governor. 

Teves has denied involvement in the crime. —VBL, GMA Integrated News