Negros Oriental gov indicted for graft over alleged misuse of P143-M calamity fund

The Office of the Ombudsman has found probable cause to file graft and malversation charges against Negros Oriental Gov. Roel Degamo over the alleged misuse of the province’s calamity fund worth P143 million.

In a resolution recently signed by Ombudsman Conchita Carpio Morales, Degamo was ordered charged with 11 counts of malversation through falsification of public documents and one count of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Also ordered charged with Degamo were provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes.

Based on the Ombudsman investigation, Degamo requested from the Department of Budget and Management (DBM) a total of P961.5 million for the supposed repair, rehabilitation and construction of structures damaged by Typhoon Sendong in 2011 and the 6.9 magnitude earthquake that hit Visayas in 2012.

The DBM, however, only released the amount of P480.7 million through a Special Allotment Release Order (SARO). The Ombudsman said that a few days after the SARO’s release, the DBM informed Degamo that the SARO was being withdrawn due to the failure of the province to comply with existing guidelines for infrastructure projects.

The Ombudsman said that despite the DBM’s notice, Degamo, Mendez and Reyes still proceeded with the awarding of the contracts for 11 infrastructure projects amounting P143.2 million.

In its resolution, the Ombudsman gave weight on the 11 Notices of Disallowance (NDs) issued by the Commission on Audit (COA). In its NDs, the COA noted at the provincial government declared the P143.2 million calamity fund as “available” despite the DBM’s withdrawal of the SARO.

“Their unilateral act of ignoring DBM’s authority is indicative of bad faith, manifest partiality and/or gross inexcusable negligence which caused undue injury to the government,” Morales said in the resolution.

Section 3(e) of RA 3019 prohibits public officials from causing any undue injury to any party, including the Government, or giving any private party unwarranted benefits, advantage or preference through manifest partiality, evident bad faith or gross inexcusable negligence.

Malversation, meanwhile, refers to the accountable official’s unlawful appropriation, misappropriation or outright taking of public funds or property or consenting other person to take such public funds or property, wholly or partially.

As of posting time, GMA News Online was still trying to reach Degamo for his comments on the matter.

Degamo is seeking re-election as Negros Oriental governor on the May 9 elections under the National Unity Party (NUP). — RSJ, GMA News