Graft, malversation raps vs Sarah Discaya, et al.
The Ombudsman filed graft and malversation charges on Friday against billionaire contractor Cezarah “Sarah” Discaya, the president of her construction company and eight Department of Public Works and Highways (DPWH) officials for a P96.5-million flood control project in Davao Occidental that was fully paid but never built.
President Marcos announced the “recommended” indictment ahead of the Office of the Ombudsman and ordered the Department of the Interior and Local Government (DILG) and the Philippine National Police to locate Discaya.
“I have directed the DILG and the PNP to ensure that they know the whereabouts of Discaya and the others so that an arrest warrant can be issued and they can be arrested immediately,” he said.
Curlee still detained
Discaya’s husband, Pacifico “Curlee” Discaya II, remains in detention in the Senate after the senators cited him in contempt for allegedly lying and giving inconsistent statements during a hearing on the flood control scandal.
Assistant Ombudsman Mico Clavano said the charges were filed at the Regional Trial Court of Digos City, one of the special courts designated by the Supreme Court to try all infrastructure corruption-related cases.
The Ombudsman accused Discaya and the others of conspiring to facilitate the release of the payment for the construction of a concrete revetment or retaining wall at Barangay Culaman in Davao Occidental’s Jose Abad Santos town.
‘No actual construction’
The project was awarded to St. Timothy Construction Corp. on Jan. 22, 2022 and marked completed on Oct. 2, 2022. It was, however, never implemented, based on the government’s official inspection and accounts of its witnesses, Clavano said during a press conference at the Ombudsman’s office in Quezon City.
“There was no actual construction, yet respondents certified that the project was completed,” he said.
“They are found to have falsified accomplishment reports, issued fraudulent billing documents, and endorsed disbursement vouchers that triggered the release of the entire project cost,” he added.
The PNP Criminal Investigation and Detection Group inspected the site and reported that civil works for the project “only started after the flood control issue had gone public,” according to Clavano.
Public Works Secretary Vince Dizon also visited the project site and saw construction works, which he said started only in August this year when the scandal in the government’s flood control projects was exposed by the President.
The Ombudsman’s panel of prosecutors recommended no bail for the malversation case against Discaya and the others, which meant that they would be detained pending trial, according to Clavano.
Mindoro project
This was the second flood control corruption case brought to court by the Ombudsman and the first against Discaya.
The first court case, which was filed in the Sandiganbayan, involved the alleged substandard P289.5-million road dike project in Naujan, Oriental Mindoro. That was also the first court case filed against former Ako Bicol Rep. Elizaldy Co, who is at the center of the flood control corruption scandal involving multibillion-peso kickbacks.
Co left the country in July and is believed to be hiding in Europe.
“As in the first case, the Office of the Ombudsman assures the Filipino people that we will pursue this matter firmly, independently and without fear or favor,” Clavano said. “Public funds intended for community protection cannot be converted into private gain and greed.”
Charged along with Discaya were St. Timothy president Roma Angeline Rimando, DPWH District Engineer Rodrigo Larete, OIC Assistant District Engineer Michael Awa, OIC Construction Section Chief Joel Lumogdang, Project Engineer Harold John Villaver, Quality Assurance Section Chief Jafel Faunillan, Planning and Design Section Chief Josephine Valdez, Maintenance Section Chief Ranulfo Flores and Acting Finance Section Chief Czar Ryan Ubungen.
6-month suspension
The Ombudsman suspended the DPWH officials for six months without pay. The suspension order was issued in a resolution on the administrative case against them and was served to Dizon for implementation.
The operating licenses of St. Timothy and St. Gerrard Construction General Contractor and Development Corp. (two of the construction companies owned by the Discaya couple) have been canceled by the Securities and Exchange Commission (SEC) for giving false information about their ownership.
The SEC imposed a P2-million fine on each company and an administrative fine of P1,000 per day of continuing violation.
Based on figures available on the President’s Sumbong sa Pangulo website, St. Timothy had been awarded 105 flood control projects nationwide worth around P7.3 billion from 2022 to 2024.
Probe of Revilla
According to Department of Justice (DOJ) spokesperson Polo Martinez, Co and former Sen. Ramon “Bong” Revilla Jr. were admitted as additional respondents in the cases involving SYMS Construction and Trading. These cases are undergoing preliminary investigation, he said.
Prosecutor General Richard Anthony Fadullon said that the corespondents of Revilla and Co include the DPWH engineers Brice Hernandez, JP Mendoza and Henry Alcantara, the former chief of the Bulacan First District Engineering Office.
Fadullon said Revilla was given five days to submit his counteraffidavit before the case would be submitted for resolution.
The National Bureau of Investigation also filed two other complaints against Revilla and Co in the DOJ, he said.
Fadullon declined to give details about the additional complaints but said that these were also about Bulacan flood control projects.
He said the NBI complaint against Wawao Builders and Topnotch Catalyst Builders Inc. was still undergoing initial evaluation prior to preliminary investigation. —WITH REPORTS FROM TETCH TORRES-TUPAS AND INQUIRER RESEARCH
