Deputy Speaker and Surigao del Sur 1st District Rep. Prospero "Butch" Pichay said Monday, Jan. 17, that the Supreme Court's affirmation of his dismissal order and graft charges does not necessarily mean he is already perpetually disqualified from running for the public office.
In a statement Monday, Pichay said the high court's decision "only resolved the complaints filed against me before the Office of the Ombudsman."
"It must be emphasized that this Supreme Court (SC) decision is not a petition for disqualification of my candidacy as congressman. In other words, the subject matter of said decision has no relation whatsoever to my fitness to run and hold an elective public position," he added.
This was because SC's affirmation did not "specifically and categorically" rule on Pichay's "qualification or disqualification" to seek position in the Congress, Pichay said.
His argument came after SC affirmed in a resolution made public last Jan. 14 his dismissal as Local Water Utilities Administration chairman and the filing of criminal charges against him in connection with the P780 million alleged unlawful investment of water agency in the Express Savings Bank, Inc. (ESBI) in 2009.
In 2013 and 2014, the Court of Appeals (CA) affirmed the order of the Office of the Ombudsman (OMB) which dismissed Pichay as LWUA chairman. He challenged the CA decision before the SC.
In 2016 and 2017, the Sandiganbayan affirmed the OMB’s findings to indict Pichay for violations of the Anti-Graft and Corrupt Practices Act and the Manual of Regulations for Banks (MORB). He also elevated the case to the SC which consolidated his two petitions.
Pichay said SC's decision "is not yet final and executory" and he is determined to exhaust all remedies accorded to him by law.
"Given this, I stand by my position that the Ombudsman has no authority to discipline the Members of Congress," he said.
For Pichay, the "malicious filing of nuisance petitions have been the hobby" of his political rivals.
"Clearly, my opponents fear the voice of the people in Surigao del Sur come election day," he said.