Rep. Pichay convicted of graft in P1.5-M chess tourney case

The Sandiganbayan convicted Surigao del Sur Representative Prospero Pichay Jr. and two of his fellow former Local Water Utilities Administration (LWUA) officials of graft over LWUA’s illegal grant of P1.5 million in government funds to the National Chess Federation of the Philippines (NCFP).

In a 31-page ruling dated October 23, the anti-graft court sentenced Pichay and two others to six to eight years in prison and perpetually disqualified him from holding public office for allocating P1.5 million of the LWUA's budget to the NCFP in Pichay’s capacity as the acting chairman of the LWUA Board of Trustees (BOT) back in December 2010.

At that time, Pichay also served as president of the NCFP.

“Accused Pichay's claim that he was unaware of the budget for sponsorship of chess events as of the time when the LWUA-BOT deliberated on the 2010 Operating Budget deserves scant consideration. Such a claim contradicts his own statement that he saw no problem with the subject budget line item when he reviewed the proposed corporate operating budget,” the Sandiganbayan said.

The anti-graft court noted that as the LWUA-BOT Acting Chairman, it is but logical to expect that Pichay thoroughly studied the budget and scrutinized every line item therein for possible unwarranted or illegal insertions before the deliberations thereon.

“That he claims otherwise is simply unbelievable for being contrary to human knowledge, observation, and common experience,” the Sandiganbayan added.

Convicted along with Pichay were Emmanuel Malicdem (then LWUA Senior Deputy Administrator) and Wilfredo Feleo (then LWUA’s Acting Deputy Administrator for Investment and Financial Services).

“The prosecution was able to prove beyond reasonable doubt all the elements of violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) and that the accused acted in conspiracy with each other,” the anti-graft court said.

“Accordingly, since in conspiracy the act of one becomes the act of all, the accused are to be held equally criminally liable,” the Sandiganbayan added.

Also, the anti-graft court ordered Pichay and the two other former LWUA officials to reimburse LWUA for the P1.5 million which represents the amount of unlawfully released sponsorship grant, plus interest at six percent per annum reckoned from the finality of the decision until the said amount is fully paid.

On top of the graft conviction, the Sandiganbayan also found Pichay guilty of violating of Code of Conduct for Public Officials and Employees over the same LWUA P1.5 million grant to the NCFP—a violation which prompted the Sandiganbayan to mete Pichay a P5,000 fine.

“As a final note, the Court is aware that no less than the Constitution recognizes the importance. of sports in our society. This recognition, however, does not give public officials unbridled discretion to spend public money as they see fit-no matter how laudable the purpose is-and more so, for personal advantage,” the Sandiganbayan said.

“For it is said, ours is a government of laws and not of men. Public officers, in the discharge of their duties and functions, must at all times be mindful of the command and precepts laid down by the Constitution and the laws,” the Sandiganbayan added. — DVM, GMA News