The Supreme Court has reiterated its final and executory decision that perpetually banned Surigao del Sur 1st District Representative Prospero Pichay Jr. from holding any position in the government.
This is in connection with the unlawful investment of Local Water Utilities Administration (LWU) to a thrift bank in 2009 amounting to P780 million when Pichay was its administrator.
The SC through its Public Information Office said the High Court deliberated during it regular en banc session last Tuesday on the petition filed by Pichay’s political rival Mary Elizabeth Ortiga-Ty to declare as immediately executory the accessory penalty of perpetual disqualification imposed on the ex-solon.
But the Court declared as moot and academic the petition citing the finality of its resolution dated November 11, 2021 which found Pichay Jr. liable under Section 52-A, Rule IV of the Uniform Rules on Administrative Cases in the Civil Service.
This imposes upon him the penalty of dismissal and the accessory penalties of forfeiture of all benefits, except leave credits, and perpetual disqualification to hold any public office.
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.
This led to the filing of criminal and administrative complaints against Pichay Jr. and several officials of LWUA.
The complainants stressed that the investment was disadvantageous to the government as no income had been realized by LWUA from such investment and the P400 million capital subscription was not supported by any memorandum of agreement or certificate of investment which would have protected LWUA’s interest.
In August 2022, the Sandiganbayan Fourth Division also upheld its conviction on Pichay Jr. sentencing the former solon of 10 years each for the three counts of graft charges with perpetual disqualification from public office also in connection with the anomalous deal. Rey E. Requejo
