Sandigan dismisses graft case vs. Negros Oriental governor Degamo

The Sandiganbayan has ordered the dismissal of the graft charge against Negros Oriental Governor Roel Degamo over the alleged anomalous use of the P10-million intelligence fund of the local government in 2013.

In a 17-page resolution promulgated on Monday, the First Division granted the quashal motion of Degamo in his case for one count of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The Sandiganbayan also ordered the release of Degamo's P30,000 bail bond and the recall of his hold departure order.

Based on the findings of graft investigators, Degamo submitted the province's proposed 2013 budget in October 2012 to the provincial council which included intelligence expenses worth P10 million.

The board approved the budget but omitted the intelligence fund. Degamo then questioned the non-inclusion, forcing him to issue a memorandum ordering the release of the P10 million "without further delay."

The office of Degamo released the fund on April 13 through a cash advance for the payment of expenses of intelligence-related operation, but the Commission on Audit said the cash advance was made in the absence of an approved ordinance.

Degamo said he cannot be charged for graft for allegedly giving undue advantage to himself. He also chided the Office of the Ombudsman for issuing an indictment order without resolving his appeal to drop the charge.

He added his criminal liability was extinguished the moment he returned the P10 million covered by the COA's notice of suspension in May 2017.

The Sandiganbayan agreed with Degamo's arguments that he cannot be indicted for allegedly favoring himself and for the Ombudsman's denial of his right to due process when it failed to address his motion for reconsideration.

The Sandiganbayan said the fund was not even used by Degamo, citing a line in the charge sheet which stated the amount was "for the payment of expenses for the different activities related to intelligence operation."

"In other words, and as stated in the information itself, the subject amount was admittedly not for the personal benefit of the accused-movant but to defray for the expenses which were incurred for different activities related to intelligence operations," it said.

The Sandiganbayan also gave weight on Degamo's refund of the P10 million and the lack of a notice of disallowance against him from the COA.

"Wherefore, premises considered, the instant urgent motion to quash and motion to dismiss the information filed by the accused-movant Roel R. Degamo, through counsel, is hereby granted and that accordingly, the instant criminal case is hereby dismissed," the disposition portion of the resolution read. — MDM, GMA News