Pichay loses appeal before CA By Benjamin B. Pulta 09/27/2011

Pichay loses appeal before CA

By Benjamin B. Pulta 09/27/2011

A ruling by the Court of Appeals (CA) has turned down the appeal of embattled Local Water Utilities Administration (LWUA) chairman and former Surigao del Sur Rep. Prospero Pichay who is questioning his suspension by the Ombudsman.

In a four-page ruling, the appellate tribunal’s Second Division said Pichay’s motion for reconsideration is moot and academic because then acting Ombudsman Orlando Casimiro had already dismissed Pichay. The Office of the Ombudsman placed Pichay under a six-month preventive suspension for misusing LWUA funds in acquiring a troubled thrift bank in 2008.

The CA said ruling on the Ombudsman’s preventive suspension order against Pichay is “inconsequential” and does “not serve any useful purpose,” according to the appellate court.

“It bears to note that the Office of the Ombudsman has already adjudged petitioner guilty of the administrative charges against him and ordered his dismissal from the service, which decision is immediately executory even pending appeal,” according to the CA decision written by then CA Associate Justice Estela Perlas-Bernabe, who was recently promoted to the Supreme Court..... MORE

Source:  The Daily Tribune

URL: http://www.tribuneonline.org/metro/20110927met1.html