There is a mad scramble for provincial elective positions in the 2022 elections, because there are issues that holders of incumbent elective terms have expired yet some are also said to be able to re-run despite that, because of alleged substantial interventions.
In the case of Gov Degamo, he took over in 2010 the unfinished term of the late Gov Tuting Perdices who took over Gov Dodo Macias who also died.
Degamo first ran in 2013 against Josy Limkaichong and Gary Teves. Degamo won the elections but cases were filed against him. One of those cases was his Defiance vs. the ORDER of DBM secretary to return the P400 million calamity FUND for typhoon Sendong .
Election In 2016 elections former Gov Arnaiz ran against Gov Degamo. The latter won but weeks after assumption of office the OMBudsman ordered his dismissal due to DBM case for Degamo’s defiance against the DIRECTIVE of DBM to return the Calamity FUND of P400 million which was already downloaded in the coffers of the Provincial government.
The dismissal order was implemented by DILG . thus Vice Gov Macias assumed the post of Governor. Gov Degamo was restored to the post of Governor after 3 days by virtue of TRO ante. In 2019 , Gov Degamo won as Gov again against Ikay Villanueva for his 3rd term.
However in 2016 Degamo was effectively dismissed from his office as governor by the OMBudsman not for corruption but for defiance against the DIRECTIVE of DBM to return the Calamity FUND of 400 million which was already downloaded in the coffers of the Provincial government.
By this time, Vice Gov Macias took his oath replacing Gov Degamo in 2016. Macias functioned as full fledgd governor, officially vacating the vice governorshp and effectively assuming as governor. In fact BM Mariant Villegas took over as vice governor and presided over provincial board sessions.
However, three days later, the Court of Appeals reversed the ombudsman’s decision dismissing Degamo and issued a TRO-Ante, meaning, restored him from his former position as governor “as if there was no interruption.” In fact Degamo was paid his back salary as if he was not dismissed at all.
In the case of Mark Macias, he can re-run as vice governor in 2022, opines lawyer Mayor Felipe Remollo since Macias’ term was also substantially interrupted IN 2016 along with Degamo.
Mark was first elected Vice Governor in 2013 , then 2016 and 2019. When Degamo was dismissed by the OMBudsman shortly after he was re-elected on his 2nd term In the elections of 2016, VG Mark assumed the office of Governor by operation of law which is considered as an involuntary disruption of the office of vice governor in his term 2016-2019
This was the inevitable consequence of the dismissal of Degamo in 2016 by the OMB which was also immediately executory ( though not Final) and implemented by DILG by installing VG Mark to the office of Governor. As emphatically explained by the Majority Decision of 8 justices speaking through then CJ BERSAMIN in the case of Gov . EDGAR TALLADO of CAMARINES NORTE.
6 SC justices dissented in the TALLADO ruling.
In sum, the 2nd terms ( 2016-2019) of both Gov Degamo and VG Mark were involuntarily disrupted , making them eligible to run again for Gov and Vice Gov , respectively in the 2022 elections.
As such , their election into office in 2019, for the term 2019-2022 is deemed their IST term . The 2022 elections Will be for the 2nd term ( 2022-2025). Of course this can be contested in the Supreme Court for finality.
Macias can also run as governor, but it will be an uphill three- cornered fight between Degamo, possibly with Mayor Pryde Henry Teves and Macias. But as vice governor, Macias could re-run un-contested.
DEgamo might also run as a congressman being from Siaton as he might plan his wife Mayor Janice to run for governor in 2022.
Moreover, the Supreme Court in a vote of 6:8 in the Tallado case ruled in favour of the beleaguered Tallado-governor’s similar case as Degamo. That is why Degamo is confident that with the Tallado case, he will be sustained, thus be able to re-run in the coming 2022 elections , because his term was effectively and substantially interrupted.
The law provides that governors and mayors , elective officials can only serve for three UNINTERRUPTED three year term.
But Degamo claims his term was substasntially interrupted, therefore, he was out as governor in 2016. When he returned, three months later, he was virtually starting a new term.
Did he re-take his oath? That is the big question. If he did not, then he simply continued his old term, by virtue of TRO-ante.
Most importantly, this development of alleged substantial interruptions of the terms of the governor, vice governor and first board member, legal circles claim, this substantially (contaminated) and interrupted their respective terms of offices, therefore, when they returned, they were considered to have started a new term. Did they three take a new oath?
- These are debatable issues since their return should be backed up by virtuall official taking of a new oath of office. Did they do that per DILG records?
- What is the effect of the TRO-ANTE order of the CA upon the governor, since “ante” means, return to the old, as if there was no interruption. Will this fall under Degamo? Evidenced by his payment of his back salaries according to capitol’s legal minds- sources.
- With the new Supreme Court compositions in the near future, will the new SC composition decide similarly or differently if this case is elevated to the SC? That are the big questions.