Gov optimistic as injunction looms

Considering that the lifetime of a Temporary Restraining Order TRO for Gov Degamo in the Court of Appeals would last only for 60 days, a petition for permanent injunction is being applied so the TRO lifetime will evolve into a permanent injunction.

In the Oral arguments last July12 at the Court of Appeals the governor thru counsel Richard Enojo with collaboration with topnotch lawyer Atty Raymon Fortun argued that the quick mobilization of funds to start the bidding for the restoration and rehabilitation of victims of typhoon Sendong, motivated the governor to act fast before another disaster strikes, and indeed his quick action saved the province from further damage when then next typhoon came.

Second, Degamo argued that recalling calamity funds thru negative SARO cannot overrule a released Cash Allotment Order thus the funds may be disbursed by the governor, even without a Sanggunian authority, because calamity funds are trust funds and is not locally appropriated but a release from the President. Degamo was hopeful that he will be granted a permanent injunction.

On the other hand, a petition to intervene was filed by Degamo’s rival ex-Cong George Arnaiz. He argued that Degamo is legally disqualified by order of the Ombudsman, therefore the gov’s candidacy for relection was invalid he being dismissed by the Ombudsman.

The Maquiling case in the Supreme court had rendered the votes of a dismissed public official as invalid and was not to be counted in the latter’s favor. They hoped that if Degamo’s dismissal will be effected before his term ends three years from now.

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