Prospero Pichay Jr. INQUIRER FILE PHOTO/LYN RILLON
MANILA, Philippines — The Commission on Elections (Comelec) has ordered an investigation for the possible filing of a misrepresentation case against former House lawmaker Prospero Pichay Jr. for falsely claiming in his certificate of candidacy (COC) for the May 2022 polls that he was eligible to run for public office.
In an April 30 decision released on Wednesday, the Comelec en banc granted the motion for reconsideration filed by Surigao del Sur Rep. Romeo Momo Sr., who defeated Pichay in the congressional elections for the first district. It also canceled Pichay’s COC and declared all votes for him as stray.
READ: Court affirms Pichay conviction
Momo had accused Pichay of fraudulent misrepresentation when, in his COC, the latter answered “no” to the question, “[H]ave you ever been found liable for an offense which carries with it the accessory penalty of perpetual disqualification to hold public office, which has become final and executory?”
The election offense is punishable by one to six years in jail without probation, in addition to perpetual disqualification from holding public office and losing one’s right to vote.
Immediately executory
According to the poll body, the Office of the Ombudsman found Pichay guilty of grave misconduct in July 2011 in connection with a graft case filed against him as chair of the Local Water Utilities Administration. Among other penalties, he was perpetually disqualified from holding any public office.
The Comelec’s former first division earlier dismissed Momo’s petition to disqualify Pichay in February 2022. But in granting his motion for reconsideration, the poll body said that based on Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order No. 17 dated March 15, 2003 and Memorandum Circular No. 01, series of 2006, the Ombudsman’s decision is immediately executory and inclusive. This means that the decision shall be strictly enforced and properly implemented even if an appeal, motion for reconsideration, or petition for review has been filed.
Only a temporary restraining order or a writ of preliminary injunction duly issued by a court of competent jurisdiction can prevent the decision’s immediate implementation.
Pichay had also appealed the Ombudsman’s 2011 ruling before the Supreme Court, which affirmed his perpetual disqualification in November 2021.
He served as Surigao del Sur’s first district representative from 1998 to 2007 and between 2016 and 2022.