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Friday, March 29, 2024

SC closes door on Pichay’s chances in gov’t

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Following a decade of legal filings, delays, and harassment, the Supreme Court recently spoke with finality, perpetually disqualifying former Surigao del Sur Rep. Prospero Pichay from holding any elective or appointive government position.

This is following a guilty verdict against Pichay over a P780-million graft case during his stint as chairman of the Local Water Utilities Administration (LWUA).=

In a two-page Entry of Judgment signed by SC Deputy Clerk of Court and Chief Judicial Records Officer Basilia Ringol, the high tribunal stood by a resolution rendered by the Office of the Ombudsman against Pichay as final and executory.

The same “has on August 17, 2022 become final and executory and is hereby recorded in the Book of Entries and Judgment,” a copy of the judgment released on November 4, 2022 showed.

Docketed as GR No. 236288 (Pichay Jr. versus Sandiganbayan Fourth Division), the Supreme Court Second Division also denied the consolidated petitions filed by the former LWUA chairman.

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“Wherefore, the consolidated petitions are DENIED. The decision dated October 23, 2013 and the Resolution dated February 24, 2014 rendered by the Court of Appeals in CA – G.R. SP 127341, subject of the petition in G.R. 211515, and Resolutions dated October 18, 2016 and November 17, 2017 rendered by the Sandiganbayan in SB-16-CRM-0425, SB-16-CRM-0426, SB-16-CRM-0427 and SB-16-CRM-0432 subject of the petition in G.R 236288 are AFFIRMED.”

With the ruling, Pichay has also been perpetually barred from holding any government position, elected or otherwise, for the rest of his life.

Before this, Pichay and LWUA deputy administrator Wilfredo Feleo Jr. were meted jail terms of six to 10 years for each of the three counts of graft by the anti-graft court’s 4th Division, as well as perpetual disqualification from holding public office.

Citing the judicial power of the Office of the Ombudsman on administrative matters, the High Court said that the penalties imposed on Pichay for committing an administrative offense included perpetual disqualification from holding public office, cancellation of eligibility, and forfeiture of retirement benefits.

Despite the myriad petitions it received, the court said there was no sufficient justification to warrant the reversal of its earlier ruling.

This was as the Ombudsman said Pichay and three other LWUA officials approved the deal without any memorandum of agreement and without any authority from the Monetary Board of the Bangko Sentral ng Pilipinas and the Department of Finance.

The case stemmed from LWUA’s decision to purchase 60 percent of shares of the Express Savings Bank Inc. (ESBI) for P80 million without prior approval of the Monetary Board (MB).

LWUA, then under Pichay, also deposited P300 million in ESBI after it was designated as its depository bank, as well as transferred P400 million in capital infusion, also without prior approval from MB.

“The claim of both accused that there has been tacit approval by the Monetary Board on the purchase of 60 percent of ESBI’s shares as borne out of the exchanges of correspondence doesn’t have a legal anchor on the face of the particular provision of the law,” part of the resolution reads.

“The evil sought to be prevented by the stringent application of banking laws would not have transpired had the accused simply complied with what is incumbent upon them i.e., to secure prior approval with the appropriate government agency before venturing into risky purchase of 60 percent voting equity of ESBI, capital infusion, and additional deposit involving the total amount of P780 million of public fund,” it added.

Also, last August, in a 17-page resolution of Sandiganbayan Fourth Division, the anti-graft court has upheld its conviction on Pichay, sentencing the former solon of 10 years each for the three counts of graft charges (as maximum) with perpetual disqualification from public office.

The resolution convicting Pichay was penned by Sandiganbayan Associate Justice Lorifel Lacap Pahimna, with Justices Michael Frederick Musngi and Edgardo Caldona concurring.

Pichay lost his reelection bid in the May 9 polls to Surigao Del Sur First District Rep. Romeo Momo Sr.

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