The Commission on Elections (Comelec) is considering filing an election offense case against former lawmaker Prospero Pichay Jr. for allegedly misrepresenting himself when he filed for a certificate of candidacy (COC) in the 2022 elections.
In a resolution issued on Tuesday, the Comelec announced its decision to investigate Pichay for committing a “material representation” when he filed his COC to run as representative of the first district of Surigao del Sur. This is despite Pichay being previously found guilty of grave misconduct by the Office of the Ombudsman in 2011.
The Comelec en banc has ruled that Pichay’s COC should be canceled, overturning the decision of its first division. As a result, any votes he received in the 2022 elections are considered invalid.
According to the poll body, Pichay intentionally answered “No” to the question on the COC about being found liable for an offense that carries the accessory penalty of perpetual disqualification from holding public office, despite his previous conviction.
The decision of the Comelec stemmed from a petition filed by Rep. Romeo Momoo of the first district of Surigao del Sur, who won the election in that district. The petition sought to invalidate Pichay’s COC due to his false representations of eligibility to run for public office despite his prior misconduct ruling.
Pichay’s misconduct case dates back to 2011 when he was found guilty in connection to a P780-million deal approved during his tenure as the chair of the Local Water Utilities Administration. The Supreme Court upheld the perpetual disqualification ruling in 2021, which became enforceable in 2022.
