The Commission on Elections (Comelec) on Wednesday overturned its initial ruling on the candidacy of former Surigao del Sur lawmaker Prospero Pichay Jr.

The poll body, in a statement, said it will investigate Pichay over alleged misrepresentation in his certificate of candidacy (COC) for the 2022 national and local election.

Comelec said the votes he garnered in the 2022 polls are considered as stray.

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

Momo sought the cancellation of Pichay's COC due to false misrepresentation after the latter stated he is eligible to run for public office even after being found guilty of grave misconduct by the Ombudsman in the Decision of Tutol et al. vs. Pichay, Jr. dated 4 July 2011.

The alleged false misrepresentation made by Pichay, Jr. in his COC was his act of deliberately 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 in relation to the 2022 NLE," the Comelec said.

The poll body cited Section 7, Rule III of Administrative Order No. 7, or Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order No. 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 has been filed.

Only a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction, duly issued by a court of competent jurisdiction, may do the immediate implementation of Ombudsman decisions, according to Comelec.