THE Office of the Ombudsman has ordered the filing of charges before the Sandiganbayan against Prospero A. Pichay Jr. and three other officials of the Local Water Utilities Administration (LWUA) in connection with P1.5 million worth of chess sponsorship.
Ombudsman Conchita Carpio-Morales said those ordered charged with Pichay are LWUA executives Daniel Landingin, Emmanuel Malicdem and Wilfredo Feleo. The four will face violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act [RA] 3019) and Section 7(a) of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713).
Morales said the criminal charges stem from the illegal payment of P1.5 million, representing the sponsorship grant given to the National Chess Federation of the Philippines (NCFP) in August 2010.
Section 3(e) prohibits public officials from causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of their official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
“Documents show that Pichay, et al. approved and facilitated the sponsorship of the Second Chairman Prospero Pichay Jr. Cup International Chess Championship,” Morales said.
Section 7(a) of RA 6713 prohibits public officials from having any direct or indirect financial or material interest in any transaction requiring the approval of their office.
“Feleo, Malicdem and Landingin were manifestly partial to NCFP, a private organization headed by their superior, Pichay,” Morales said. “The allocation is excessive and dubious, especially since holding or sponsoring sporting events, like chess tournaments, is not among LWUA’s primary purposes.”
According to Morales, NCFP received the sponsorship amount from the LWUA, “only because of its association with Pichay, not because it was legally entitled to it.”
Morales said Pichay’s financial and material interest in the NCFP’s sponsorship request is undeniable, as the sponsorship sought by the chess organization was intended for a tournament named in Pichay’s honor.
2 comments
.Did Morales forgot her recent decision before she left the Supreme Court? Why did she reasserted the “doctrine of condonation” as to elective officials when she was still a member of the Supreme Court yet now, conveniently urged the Supreme Court to revisit the time honored doctrine (60 years)? For convenience?
Are you saying that the Supreme Court was consistently wrong in a string of several cases for 60 years reiterating the said doctrine and you are the only one correct Sereno? Are you saying that Capio-Morales was also wrong considering that the decision penned by Carpio-Morales was decided by a “court en banc”?
“As for San Pedro, his administrative liability was rendered moot and academic owing to his reelection in the same position in 2010,” she said, referring to a Supreme Court doctrine that condones the administrative liability of an elected public official for a past offense once that official is reelected for a fresh term.
Kaya pala! (No wonder!)
Proof that N0ytard is condoning corruption:
wwwabs-cbnnewscom/video/nation/10/23/15/pnoy-defends-govt-workers-bribery-corruption-issues
Kaya pala inignore yung complaint ko against the FDA, DOH, etc. He is condoning the corrupt practices of government employees! Doesn’t N0ytard know that those government employees are extorting money from the public? If we do not give, they won’t give us a permit, just like what happened to me! And I reported it to ombitchwoman and she dismissed the case.
Once more N0ytard blames the victims:
pinoytrendingnews***net/i-feel-sorry-for-the-airport-security-personnel-wrongly-embroiled-on-the-tanim-bala-issue-pnoy/
philsta***com/metro/2015/11/24/1525267/noy-tanim-bala-just-3-34-m-travelers
Blaming the victims once more and I thought he was anti-corruption? Isn’t one incident, one too many?
Even MARnanakaw admits that there’s massive corruption: philstar***com/police-metro/2015/11/27/1526400/mar-inamin-na-bigo-ang-daang-matuwid
www***philstar***com/headlines/2015/12/10/1531041/noy-fight-vs-corruption-it-takes-two-tango Uh0oh! Fault of the victims again.
“Abaya should be held liable as he signed the supposedly anomalous contract.” newsinfo***inquirer***net/745198/poe-disappointed-as-ombudsman-spares-abaya-in-graft-charges
P3.8-B MRT deal awarded without public bidding done by pAbaya!!! N0ytard approved.
www***philstar***com/headlines/2015/12/26/1536377/p3.8-b-mrt-deal-awarded-without-public-bidding
globalnation****inquirer****net/75849/france-blacklists-philippines-16-other-countries-for-handling-foreign-aid
Napoles insists Abad ‘tutored’ her on fund scam, says she gave to campaigns of Chiz, Alan, Villar interaksyoncom/article/87674/napoles-insists-abad-tutored-her-on-fund-scam-says-she-gave-to-campaigns-of-chiz-alan-villar
Philippine Politics has been listed as second most profitable business in Asia, beating giant companies like Toyota Motors, Samsung, Keppel, and even its own San Miguel and Ayala Corporation according to a study published by Money Magazine in 2014. kahimyang***info/kauswagan/general-blogs/1743/study-says-philippine-politics-is-one-of-the-most-profitable-businesses-in-asia
I am against corruption that’s why I am against corrupt ombytchwoman cunntcheater capro morales!
Carpio-Morales is a corrupt ombudsman, neglecting her job in order to advance the interest of the Liberal Party of the Philippines. Erineo “Ayong,” Maliksi, a Liberal Party member’s graft and corruption case was dismissed by the court due to “inordinate delays” by Carpio-Morales even though the court found “reasonable ground to believe that an offense has been committed.”. “’Suffice it to state that based on obtaining facts, there is reasonable ground to believe that an offense has been committed. Be that as it may, however, it behooves the Court to state that the other ground of inordinate delay … is an overriding consideration…’ the court said in its resolution”. “The court also noted that the Ombudsman only released the joint resolution finding probable cause July 8, 2014, four years after the consolidation of the three cases. The resolution did not even include the third PCSO complaint, the court said. ” newsinfo**Inquirer**Net/673013/govt-seeks-reinstatement-of-case-vs-maliksi
newsinfo**inquirer**net/670067/graft-rap-vs-ex-cavite-governor-dismissed-over-ombudsmans-inordinate-delay
And another one: www***mb***com***ph/sandiganbayan-dismisses-graft-charges-vs-bohol-solon-governor/ “Since it took 15 years for Office of the Ombudsman to file charges, the Sandiganbayan First Division has dismissed due to inordinate delay the graft case against Bohol Rep. Rene Relampagos, Gov. Edgardo Chatto and their co-accused in connection with the undervalued sale of the province’s water and electric utilities.
newsinfo***inquirer***net/758240/court-junks-p627-m-graft-case-vs-gov-after-long-delay “Court junks P627-M graft case vs gov after long delay”
2. Why do you praise ombytchwoman Cunntcheater corruptbytch when she hasn’t won a single big case against the corrupt like GMA, in fact only not guilty verdicts are out?
3. I filed a case against the FDA with overwhelming evidence and I lost!WTF!!!!
Ang alam ko number 1 corrupt si ombytchwoman as she was entrusted with the power to counter corruption yet she condones corruption!
The FDA is extremely corrupt. List of people at the FDA and DOH who are corrupt: Atty Romela Devera, Sec. Garin, Dr. Miriam Sales, Atty. Lutero III, Jesusa Cirunay, Dr. Peter Glenn Chua, Agnette Peralta, MArivic Paulino, Atty. Jasper Lascano and Atty. Emilio Polig and former employees: Sec. Ona, FDA chief Suzette Lazo, FDA chief Kenneth Hartigan-Go (and now undersecretary of Health)! are extremely corrupt!
Wicked_Lia(r) said, ” mukhang kilala mo ang mga tao sa FDA aH!
nakakatransaksyones mo ba?
lahat naman ng ahensya may mga BULOK……..”
Yan na! Inamin ng corrupt silang mga N0ytard at MARnanakaw!
Why hasn’t Ombytchwoman Cunntcheater Capro MoralLess Corruptbytch held Purusama in contempt of court by violating the suspension order on him? Corrupt much?
How come Ombytchwoman Cunntcheater Capro MoralLess Corruptbytch hasn’t filed charges against anyone in the North Rail project scandal? Corrupt much? wwwmbcomph/what-happened-to-northrail/
For the information of the bloggers:
Read Atty Salumbides et al vs. Ombudsman, G.R. no. 180917 promulgated by the Supreme Court on April 23, 2010.” This is one of the last decisions written by former Justice Carpio-Morales now, the Ombudsman herself. While the petitioners prayer for the extension of the “doctrine of condonation” was rejected because it can only be available to elective officials, Carpio-Morales asserted the doctrine of condonation and cited several cases to wit:
“More than 60 years ago, the Court in Pascual v. Hon. Provincial Board of Nueva Ecija17c?a issued the landmark ruling that prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of office. The Court explained that “[t]he underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor.”18c?a
The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When the people elect[e]d a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct[,] to practically overrule the will of the people.19c?a
Lizares v. Hechanova, et al.20c?a replicated the doctrine. The Court dismissed the petition in that case for being moot, the therein petitioner “having been duly reelected, is no longer amenable to administrative sanctions.”21c?a
Ingco v. Sanchez, et al.22c?a clarified that the condonation doctrine does not apply to a criminal case.23c?a Luciano v. The Provincial Governor, et al.,24c?a Olivarez v. Judge Villaluz,25c?a and Aguinaldo v. Santos26echoed the qualified rule that reelection of a public official does not bar prosecution for crimes committed by him prior thereto.
Consistently, the Court has reiterated the doctrine in a string of recent jurisprudence including two cases involving a Senator and a Member of the House of Representatives.27c?a
Salalima v. Guingona, Jr.28c?a and Mayor Garcia v. Hon. Mojica29reinforced the doctrine. The condonation rule was applied even if the administrative complaint was not filed before the reelection of the public official, and even if the alleged misconduct occurred four days before the elections, respectively. Salalima did not distinguish as to the date of filing of the administrative complaint, as long as the alleged misconduct was committed during the prior term, the precise timing or period of which Garcia did not further distinguish, as long as the wrongdoing that gave rise to the public
official’s culpability was committed prior to the date of reelection.” (end of quote)