Gov Degamo Could Return Today

After last December's 3rd dismissal, he obtained another TRO -- effective for 60 days -- and expects to return to sit again today as governor.
Details at CA issues TRO vs. Ombudsman dismissal of NegOr guv | Philippine Canadian Inquirer
at CA issues TRO on dismissal of Negros Oriental Gov. Roel Degamo
and at Negros Oriental Governor Degamo again secures TRO vs dismissal order

 

In filing the petition, the governor accused the Ombudsman of committing grave abuse of discretion when it did not apply the condonation doctrine in the case considering that he was reelected as governor in the 2013 polls.

Some people are their own worse enemy. Got to love the condonation doctrine in a country known for its corruption. I guess they deserve what they get.

 

Degamo's legal team obviously has good researchers... In the absence of or for lack of a precedent on the issue, the Philippine high court referred to American high court decisions and, to set local precedence in Arturo B. Pascual vs. Hon. Provincial Board Of Nueva Ecija (G.R. No. L-11959, October 31, 1959), adopted the principle established in Conant vs.Brogan (1887) 6 N.Y.S.R. 332 which I requote -

"The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct to practically overrule the will of the people."

This is democracy at work in, yes, just another nation of sinners that deserves its just wages.

 

Seems to me like political rhetoric.

Last Tuesday afternoon he introduced himself to me as Governor Degamo. His entourage consisted of the mayors of many cities in Negros Oriental cities and they referred to him as the Governor. He was greeted at the airport by many people as Governor. Perhaps there are some who would like it if he was not who he is but . . . . there is no mistaking that he IS still the governor in practice, if not in the media.

 

This raises an interesting question. What if the person was elected because the people were not aware of the crime when he was reelected? You can't infer forgiveness for an unknown. This seems to be the case here.

As an aside, one of the reasons for the electoral college was to supersede the will of the people if necessary. This has happened a couple of times in US history.

 

Yes, even if embattled with 11 malversation cases for the alleged misuse of P460 million calamity fund in 2011 and 2012 + 1 more case for alleged anomalous use of the local government's P10-million intelligence fund in 2013 at the Sandiganbayan, he IS still governor -- continuously in media; and yet, like local internet service, intermittently in practice. Details are announced
at https://google.com/governor-degamo-back-office/
and at Negros Oriental gov returns to work after suspension, dodges dismissal

I also gather from DAILY STAR: Top Stories that Degamo intends to obtain a permanent injunction from the Court of Appeals before the 60-day TRO ends to resolve intermittent public service. If he fails, we can expect 9 more dismissals to make service intermittent before his term ends or he could possibly face consequences of those pending cases after his term.

In Philippines, a governor has a fixed term of three years and can serve only up to a maximum of three consecutive terms.

 

About electoral college explained at The Reason for the Electoral College - FactCheck.org, it is a check-and-balance measure only for the POTUS, isn't it?

Well, RP does not have such a measure in place to "intelligently" manage circumstances in the event Filipino masses do elect as top executive a person who, while personifying the majority's passion, is by character and by track record probably inclined to sacrifice the general public good in vengeful defiance of the minority.

Nonetheless, time is showing how the Filipino electorate has grown out of naivety or indifference to some maturity that exercises democratic right to change, as in "Sobra Na!" "Palitan Na!" -- and so on, and so forth.

 

The Philippines or Negros Oriental does not need it for provincial governors either.