Court denies Pichay’s plea to junk graft case
THE Sandiganbayan’s Fifth Division denied the plea of House Deputy Speaker and Surigao del Sur Rep. Prospero Pichay Jr. to dismiss the breach of conduct case he is facing in connection with the P1.5-million financial sponsorship requested by the National Chess Federation of the Philippines.
The defense earlier filed a demurrer to evidence asking the court to dismiss the case for insufficiency of evidence against Pichay, former acting chairman of the Local Water Utilities Administration (LWUA) board of trustees.
A demurrer to evidence is a motion to dismiss filed by the accused after the prosecution has finished presenting its evidence. If a demurrer filed with the court’s permission is denied, the trial will continue with the defense taking its turn to present evidence.
The court ruled that there was “more than prima facie evidence of Pichay’s conflict of interest” prohibited under Republic Act (RA) 6713, Section 7(a) as he was the NCFP president and at the same time, acting chairman of LWUA during the period of sponsorship, Aug. 20 to 27, 2010.
RA 6713 is the Code of Conduct and Ethical Standards for Public Officials and Employees.
“In the interim that he was the Acting Chairperson of LWUA Board of Trustees, approved and released P1,500,000.00 as post-event-sponsorship for the subject sports event. The sponsored tournament was labeled ‘Chairman Prospero A. Pichay Jr. Cup International Chess Championship,’” the court said in a resolution promulgated on October 17.
“Notably, the sponsored chess tournament was held in his name and honor from which he would logically derive a personal advantage or benefit, gain or lose, materially or otherwise,” the court said.
“Pichay’s argument that NCFP is a national sports association and not a business undertaking for profit owned by him from which he did not stand to gain or lose is rather evidentiary,” the court said.
In the same resolution, the court stood pat on its denial of the plea of Pichay, Wilfredo Feleo, and Emmanuel Malicdem for permission to file a demurrer in a related graft case.
Associate Justice Maryann Corpus-Mañalac penned the resolution, which was concurred in by Associate Justice Rafael Lagos who leads the Sandiganbayan’s Fifth Division, and by Associate Justice Maria Theresa Mendoza-Arcega.