Sandigan junks raps vs Negros Oriental governor

MANILA, Philippines — The Sandiganbayan has dismissed the graft charges filed against Negros Oriental Gov. Roel Degamo over the alleged misuse of calamity funds for infrastructure projects in 2012 amounting to P143.268 million.

In a resolution promulgated on Wednesday, the anti-graft court’s second division granted Degamo’s motion to dismiss the 11 counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act filed against him, citing his constitutional right against double jeopardy.

Degamo’s co-accused, provincial treasurer Danilo Mendez and provincial accountant Teodorico Reyes, were also cleared of the charges.

The same resolution dismissed 11 counts of falsification of public documents filed against Mendez and Reyes, also on the ground of double jeopardy.

“The ban on double jeopardy is deeply rooted in jurisprudence... It prevents the state from using its criminal processes as an instrument of harassment to wear out the accused by a multitude of cases with accumulated trials. It also serves the additional purpose of precluding the state, following an acquittal, from successively trying the defendant in the hope of securing a conviction,” the court declared.

Filed by the Office of the Ombudsman in December 2017, the cases stemmed from the award of 11 infrastructure contracts to seven firms using P143.268 million of the P480.7-million calamity funds of the provincial government. The contracts were for nine river flood control projects and the rehabilitation of two bridges.

The ombudsman said the contracts were approved despite a notice from the Department of Budget and Management that it has recalled the Special Allotment Release Order (SARO) of the entire amount of the calamity funds over the failure of the provincial government to comply with the requirements and guidelines.

The infrastructure projects were supposed to benefit the areas hit by Typhoon Sendong in December 2011 and a 6.9-magnitude earthquake in February 2012.

The court noted that a ruling of the third division promulgated on Jan. 29 acquitted Degamo, Mendez and Reyes of graft and 11 counts of malversation of public funds through falsification of public documents over the same complaint.

“It is evident that the charges in both the second division and third division originated from the same SARO for the rehabilitation and reconstruction projects,” the court pointed out.

Under the 1987 Constitution, an accused cannot be prosecuted twice for a crime for which one had been absolved.