THE death of former Cordova, Cebu councilor Carlos Degamo prompted the Office of the Ombudsman-Visayas to dismiss the administrative cases filed against him in 2016.
Graft Investigator and Prosecution Officer Katherine Genovesa-Mahawan dismissed the complaint against Degamo, who passed away last Jan. 1.
Pursuant to Article 89 of Republic Act 3815, or the Revised Penal Code, the respondent’s criminal liability is extinguished when the death of the offender occurs before the final judgment is rendered.
The case stemmed from the complaint filed by the Ombudsman’s Field Investigation Office, which accused Degamo of failure of an accountable officer to render accounts.
Records of the Cordova municipal accountant showed that Degamo had unsettled cash advances amounting to P24,957 from February to June 2016.
In December 2016, the anti-graft office subpoenaed Degamo and asked him to submit his counter-affidavit, but he died before he could refute the charges.
Mahawan ruled that the pending preliminary investigation against Degamo ought to be dismissed following his death. (GMD)