The Commission on Elections (Comelec) has canceled the Certificate of Candidacy (CoC) of former Surigao del Sur Rep. Prospero Pichay Jr. for the May 2022 national and local elections.

In a resolution dated 30 April, the seven-man panel granted the motion for reconsideration filed by petitioner Romeo Momo for false misrepresentation in the respondent’s CoC.

The petitioner noted that Pichay had stated in his CoC that he was eligible to run for public office even after he was found guilty of grave misconduct by the Ombudsman in Tutol et al. vs. Pichay Jr. dated 4 July 2011, which carried an accessory penalty of disqualification from holding public office.

The Comelec said the votes Pichay garnered in the 2022 polls were considered stray.

The Comelec en banc’s decision stemmed from the motion for reconsideration filed by Momo, Pichay’s opponent.

Doubtful no

The alleged false misrepresentation in his CoC was in his answering “no” to the question “Have you ever been found liable for an offense which carries with it the accessory penalty of perpetual disqualification to hold public office, which has become final and executory?”

“The Comelec will conduct an investigation for possible filing of an election offense case against Prospero A. Pichay Jr. for his alleged commission of material misrepresentation in his CoC about the 2022 NLE,” the Comelec said.

The poll body cited Section 7, Rule III of Administrative Order No. 7, or the Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order 17 dated 15 March 2003 and Memorandum Circular No. 01, series of 2006, which states that the decision of the Ombudsman is immediately executory and inclusive which means that the decision shall be strictly enforced and properly implemented even if an appeal, motion for reconsideration, or petition for review had been filed.