SC affirms perpetual disqualification ruling vs Pichay

The Supreme Court affirmed the perpetual disqualification of Surigao del Sur 1st District Representative Prospero Pichay Jr. from government service in connection with investments to a thrift bank in 2009.

In a 40-page resolution, the first division denied Pichay’s consolidated petitions. It also affirmed the resolution of the Court of Appeals in 2014 as well as the resolutions of the Sandiganbayan in 2016 and 2017.

This is in connection to the acquisition of the Express Savings Bank Incorporated (ESBI) by the Local Water Utilities Administration (LWUA) when Pichay was still its Board of Trustees chairperson.

Pichay was suspended from service in 2011.

He was charged with three counts of violation of Republic Act No. 3019 and the violation of the Manual of Regulation for Banks in 2016.

The SC said LWUA invested P480 million to ESBI, which was considered disadvantageous on the part of LWUA. An amount of P300 million was also deposited by LWUA, increasing the total investment to P780.

Pichay argued that he was not given due process. However, the high court disagreed.

“Pichay cannot conveniently close his eyes on these allegations and nitpick which among the allegations he would choose to answer and thereafter cry violation of due process,” it said.

Further, the SC said Pichay committed grave misconduct as he allowed the LWUA board to proceed with the plan to acquire ESBI despite being reminded that he lacked the necessary requirements to do so.

“The flagrant disregard of the rules committed by Pichay, despite being knowledgeable of the requirements for obtaining ESBI, as evinced by the letters that were sent to him is evident,” it said.

According to the SC, Pichay was also wrong in assuming that the Ombudsman gravely abused its discretion when it disqualified him from holding any public office, which was an accessory penalty.

The SC also said it did not agree that Pichay’s right to speedy disposition was violated.

Pichay is running for reelection in the 2022 elections. — DVM, GMA News