Degamo may assume July 1 says Comelec; Gov Doc Mark sworn

The Commission on Elections provincial office said Gov. Roel Ragay Degamo may assume the governorship on July 1, 2016, but without prejudice to rulings made by other agencies such as Ombudsman and the Department of Interior and Local Government (DILG).

This developed as RTC Executive Judge Gerardo Paguio has sworn in Vice Gov. Mark Macias as governor last June 17 by virtue of an ombudsman dismissal order upon Gov. Degamo.

Yet, Provincial election officer Atty. Edi Aba said he respects the decision of the Ombudsman as an independent body, but as far as the Comelec is concerned, Degamo may sit as governor noontime on June 30, 2016.

He said that Degamo was voted by an overwhelming majority of more than 321,141 votes, was proclaimed by the Comelec and has taken his oath of office so that the next process is for him to assume the position he has applied for in the recent elections. Thatís for the Comelec and will not intervene on rulings by the Ombudsman which is not within their jurisdiction.

This developed as assistant provincial administrator Atty Froilan Joseph Pinili said Degamo is still hoping a Temporary Restraining Order (TRO) will be issued by the Court of Appeals based on the theory that the same was granted to provincial accountant Teodorico Reyes and provincial treasurer Danilo Mendez, who are co-respondents of Degamo in the malversation of public documents and grave misconduct case filed by a taxpayer.

Pinili firmly believes a TRO is coming because it involves the same parties and same facts of the case.


This developed as board member Atty Rommel Erames stressed that what has been done cannot anymore be undone, referring to the execution of the dismissal order on Friday, June 17, 2016 and the immediate assumption of reelected Vice Gov. Edward Mark Macias as the new governor.

According to Atty Pinili that is the theory of lawyer Erames but its up for the Court of Appeals to decide on it, in saying Degamoís camp is applying the socalled statusquo ante, the situation prior to all the situations that happened the past days.

Legally speaking, we believe our case is really meritorious and we have raised before the CA several issues and errors regarding the decision of the Ombudsman.

First, was the legality of the withdrawal of the Special Allotment Release Order (SARO) of the P480 million calamity fund from the office of the President. Pinili said a negative SARO cannot withdraw a Notice of Cash Allocation (NCA)

Second, is on the retroactive application of the Aguinaldo doctrine on Degamoís case which was filed in 2012 while the Binay case is only recenty, which Pinili said is highly illegal and erroneous.

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