The 60-day temporary restraining order that restrained the Ombudsman Visayas and the Department of Interior and Local Government and its representatives from enforcing the third dismissal order of Gov. Roel Degamo expires today.
However, Degamo’s legal counsel, Richard Enojo, said he received a copy of the preliminary injunction issued by the Court of Appeals in Cebu on March 9 that is valid up to the time the main case is resolved.
The third dismissal order of Degamo was due to the case filed by former board member Melimoore Saycon over the use of the intelligence fund and the condonation, while the first two involved the use of the typhoon Sendong funds.
The first case was filed by June Vincent Gaudan for the use of 50 percent of the calamity fund, and the second by Board Member Jessica Villanueva, which Enojo said is a complete duplication of the first case with the same amounts involved.
The governor’s camp contented that the P10 million calamity fund was totally spent as intended, and fully liquidated, but the Commission on Audit said it has to be returned, and so Degamo returned the amount of P10 million with his own money. In this case, the government was not prejudiced because the public was served and the money returned, they claimed.
Enojo said it was the governor who was prejudiced because the P10 million intelligence fund was spent according to the program, and yet he was ordered by COA to return the amount.
The case was filed before Degamo’s election as governor in 2013 and under the Aguinaldo Doctrine, he cannot be made liable for any administrative case because the people voted for him through a landslide victory over his opponents that year, while the condonation could not be applied, because the Binay case became final in 2015.*
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