Comelec poised to probe ex-Rep. Pichay over alleged misrepresentation in COC

The Commission on Elections (Comelec) on Wednesday, May 1 announced that it will investigate former Surigao del Sur Representative Prospero Pichay, Jr. over alleged material misrepresentation in his certificate of candidacy (COC) in the last May 2022 elections. 

In a statement, the Comelec en banc said it has resolved to deny due course and cancel Pichay Jr.’s COC for the position of first district representative of Surigao del Sur. 

The poll body also said the votes Pichay garnered in the 2022 national elections are considered as stray. 

The Comelec’s decision stemmed from the motion for reconsideration filed by then Pichay’s opponent, Romeo Momo who sought the cancellation of Pichay’s COC after he stated he is eligible to run for public office. 

This, despite the fact Pichay has been found guilty of grave misconduct by the Office of the Ombudsman in a July 2011 ruling that carried an accessory penalty of perpetual disqualification to hold any public office. 

The Ombudsman’s decision stemmed from the supposed misuse of funds of the Local Water Utilities Administration (LWUA) to acquire a thrift bank in 2008. At that time, Pichay was the chairman of the LWUA. 

“The Comelec will conduct an investigation for possible filing of an election offense case against Prospero A. Pichay, Jr. for his alleged commission of material misrepresentation in his COC in relation to the 2022 elections,” the Comelec stated in its resolution.

According to the poll body, Section 7, Rule 3 of Administrative Order No. 7 or 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 indicates that the Ombudsman’s decision is immediately executory and inclusive. 

This means the Ombudsman’s decision should be strictly enforced and implemented properly even if an appeal or motion for reconsideration or petition for review has been filed or pending. 

The Comelec also pointed out that the Supreme Court has already affirmed the Ombudsman’s July 2011 decision against Pichay last November 2021, and which later became final and executory on August 2022. 

“As a constitutional body, the Comelec must henceforth execute Ombudsman Decision dated 4 July 2011 as a whole,” the poll body stated.