SC votes to remove Philip Pichay from House seat

The Supreme Court has ousted Philip Pichay as the congressional representative of the first district of Surigao del Sur after it ruled that his candidacy in the 2013 polls was null and void because of his conviction for libel.

Voting 11-0, the SC en banc reversed the House of Representatives Electoral Tribunal (HRET) decision last year junking the case filed by former Tandag City Mayor Mary Elizabeth Ty-Delgado, the runner-up in the congressional race, and declared her the rightful House member to represent Surigao del Sur.

It said the decision was immediately executory "considering that the term of the present House will end on June 30, 2016."

Associate Justices Diosdado Peralta, Presbitero Velasco Jr. and Lucas Bersamin did not take part in the deliberations because they are part of the HRET.

Delgado had sought Pichay's disqualification as a candidate for Congress on the ground that he was convicted of libel, a crime involving moral turpitude. She said the five-year period barring Pichay from running for public office had yet to lapse as he paid the fine for his conviction on Feb. 17, 2011.

While acknowledging his libel conviction, Pichay said the crime does not involve moral turpitude. He also argued that he did not personally perform the acts prohibited and his conviction for libel was only because of his presumed responsibility as president of the publishing company involved.

Pichay was proclaimed the winner of the congressional race in Surigao del Sur’s 1st district despite Delgado’s motion to suspend the proceedings before the Commission on Elections.

In response, Delgado filed a petition before the HRET stressing Pichay’s ineligibility to service as lawmaker because of his libel conviction.

The HRET, however, ruled that Pichay’s conviction for libel showed that the crime did not involve moral turpitude.

In overturning the HRET decision, the SC said a sentence by final judgment for a crime involving moral turpitude is a ground for disqualification under Section 12 of the Omnibus Election Code.

The said provision states that disqualification period of the person convicted of libel shall expire five years from the service of his sentence.

"In this case, since Pichay servced his sentence when he paid the fine on 17 February 2011, the five-year period shall end only on 16 February 2016. Thus, Pichay is disqualified to become a member of the House of Representatives until then," the SC said.

False material misrepresentation

The high court further noted that Pichay made a false material misrepresentation regarding his eligibility to run in the 2013 polls since his disqualification to run for public office became final on June 1, 2009.

In addition, the SC said the HRET committed grave abuse of discretion amounting to lack of or excess of jurisidction when it failed to disqualify Pichay for his libel conviction.

“Since Pichay’s ineligibility existed on the day he filed his certificate of candidacy and he was never a valid candidate for the position of Member of the House of Representatives, the votes cast for him were considered stray votes,” the decision read.

As of Monday, Majority Floor Leader Neptali Gonzales II said the House leadership has yet to formally receive the writ of execution of the SC decision.

"We'll wait for the official transmission. I think the SC's decision is a result of the review of the HRET decision. If that's from the HRET, of course we will abide by it," he said. —JST, GMA News