Pichay seeks dismissal of graft, ethics violation raps
February 6, 2017 | 6:38pm
Surigao del Sur Rep. Prospero Pichay and three high officials of the Local Water Utilities Administration (LWUA) face raps for violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act over the alleged anomalous release by the LWUA board of P1.5 million to the National Chess Federation of the Philippines in 2010. File
MANILA, Philippines — Surigao del Sur Rep. Prospero Pichay has asked the Sandiganbayan to dismiss his graft and ethics violation cases in connection with the alleged anomalous sponsorship of a chess tournament in 2010 amounting to P1.5 million during his term as chairman of the Local Water Utilities Administration (LWUA).
In a three-page joint motion to quash filed before the anti-graft court's Fifth Division, Pichay and his co-accused, former LWUA deputy acting administrator Wilfredo Feleo, said the cases against them must be dismissed on the ground of the supposed violation by the Office of the Ombudsman of their constitutional right to speedy disposition of cases.
The two former LWUA officials cited the recent dismissal of cases against former Sen. Lito Lapid and his five co-accused in connection with the fertilizer scam and against former LWUA administrator Lorenzo Jamora for a water supply project in Nueva Ecija.
In two separate resolutions promulgated by the Sandiganbayan First Division, the cases against Lapid and Jamora were dismissed on the ground of the alleged “inordinate” of the ombudsman in resolving the complaints against them.
“In the same vein, the Information [of the cases] herein against accused Pichay and Feleo should likewise be quashed because they were unjustly deprived of their constitutional right to speedy disposition of the charges against them,” the motion read.
In a separate urgent motion to suspend their arraignment, Pichay and Feleo pointed out that it was on Oct. 29, 2012 when the ombudsman's Field Investigation Office (FIO) formally filed the complaint against them before the ombudsman main office.
Pichay and Feleo said there is no justifiable reason for the anti-graft agency to take more than three years to finish its investigation, especially as the FIO was already gathering evidence through field investigation, long before it lodged the complaint.
The cases were filed before the Sandiganbayan on Oct. 18, 2016.
“Wherefore, it is respectfully prayed that the information of the cases be quashed and the arraignment and proceedings be suspended,” Pichay and Feleo said.
Pichay and Feleo, together with two other former LWUA officials, are facing one count each of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The case stemmed from the alleged anomalous release by the LWUA board of P1.5 million to the National Chess Federation of the Philippines (NCFP) in August 2010.
The disbursed fund was for the supposed sponsorship by LWUA of the “2nd Chairman Prospero Pichay Jr. Cup International Chess Championship.”
The ombudsman said the sponsorship grant was approved by Pichay and his co-accused despite an earlier memorandum by the board suspending sponsorships to sports and cultural activities, in order for the agency to better finance its operation expenditures.
Pichay was also separately charged with violation of Section 7 (a) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The ombudsman said Pichay “possessed financial and material interest” in sponsoring the chess tournament since he was the chairman of the NCFP.
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