MANILA — The Sandiganbayan has dismissed the graft case filed against Negros Oriental Governor Roel Degamo after state prosecutors failed to prove that he illegally used the PHP10 million cash advance for intelligence operation in 2013.
In in its ruling on Monday, the Sandiganbayan First Division said “it is not disputed that the accused-movant subsequently returned the amount of PHP10 million, by reason of which the Commission on Audit issued a notice of settlement on May 30, 2017.”
The anti-graft court also gave weight to the notice of settlement occasioned by the reimbursement of the said amount by Degamo.
“In which case, the third element of Section 3 (e) of RA 3019 that the act of the accused-movant must cause undue injury to any party, including the government, is wanting. The COA (Commission on Audit) did not issue any more a notice of disallowance against him,” the Sandiganbayan said.
“Wherefore, premises considered, the instant urgent motion to quash and motion to dismiss the information filed by accused-movant, through his counsel, Roel R. Degamo is hereby granted and that accordingly, the instant criminal case is hereby dismissed,” the anti-graft court said.
Court records showed that the Ombudsman alleged that on Apr. 26, 2013, Degamo caused the released of public funds amounting to PHP10 million as his cash advance for the payment of expenses for the different activities related to intelligence operation despite the absence of appropriation in the approved annual budget of Negros Oriental in 2013.
Degamo, through counsel, filed his motion to dismiss the case on July 25, 2018, arguing that the essential elements constitutive of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act were not sufficiently alleged in the case information.
He added that his criminal liability has already been extinguished when he settled the amount covered by the notice of suspension earlier issued by the COA.
With the graft case’s dismissal, the Sandiganbayan also cancelled the hold departure order it issued against Degamo on June 22, 2018. (Perfecto Raymundo, Jr./PNA)
