Discaya court pre-trial gets going

National

CORPORATE links, bidding records, and disputed documents took center stage at the first pre-trial hearing in the alleged P96.5-million flood control “ghost project” case against contractor Sarah Discaya and others involved in a two-kilometer revetment project in Davao Occidental.

On Friday, Feb. 27, the court heard charges against Discaya, St. Timothy Construction president Maria Roma Rimando, and eight officials of the Department of Public Works and Highways (DPWH) Davao Occidental District Engineering Office.

They face violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and malversation of public funds through falsification of commercial documents.

The accused DPWH officials—Rodrigo Larete, Michael Awa, Joel Lumogdang, Harold John Villaver, Jafael Faunillian, Josephine Valdez, Ranulfo Flores, and Czar Ryan Ubungen—attended via online conferencing from the Bureau of Jail Management and Penology facility in Lapu-Lapu City, while their legal counsels appeared in person.

Judge Nelson Leyco presided over the hearing at Regional Trial Court Branch 27.

Ombudsman Officer-in-Charge for Preliminary Investigation Jess Vincent A. Dela Peña presented at least 54 proposed stipulations, including signatories and documents related to the project.

The defense denied most of the stipulations, admitting only those based on common documentary exhibits.

Prosecutors aimed to prove corporate links among St. Timothy Construction, St. Gerard Construction, and Alpha & Omega General Contractor & Development Corp., citing Securities and Exchange Commission filings that show the firms allegedly share the same Pasig City address, common email, identical contact numbers, and the same contact persons in their general information sheets and annual financial statements.

One stipulation alleged that Rimando, Discaya, and Discaya’s husband, Curlee Discaya, were stakeholders in all three firms.

Discaya’s counsel, Atty. Angela Marie Almabis, denied the claim, saying Discaya is connected only to Alpha & Omega General Contractor & Development Corp. Rimando’s counsel, Atty. Cornelio Samaniego, admitted matters only as they relate to St. Timothy Construction.

During the pre-trial, Rimando acknowledged that she is the niece of the Discaya couple.

The prosecution also noted that St. Timothy Construction emerged as the lowest bidder for the project, while Alpha & Omega ranked second. Samaniego admitted this and confirmed that the court awarded the contract to St. Timothy.

The prosecution further alleged that Rimando acted merely as a “dummy” for the Discaya couple, a claim the defense rejected.

In interviews after the hearing, defense lawyers maintained that the project exists. Atty. Paul Tristan Sato, representing seven DPWH officials, said the alleged “ghost project” is real.

Atty. Joseph Randi Torregosa, counsel for Larete, said the defense would request an ocular inspection “to settle the issue once and for all.”

Torregosa explained that the defense denied most stipulations because the documents were allegedly not provided by the prosecution.

“Most of the stipulations we denied involve other corporations allegedly owned by Mrs. Discaya. The prosecution is trying to link her to St. Timothy Construction,” he said.

He added that the stipulations were irrelevant to his client.

While the court noted that the accused have admitted being public officers, the prosecution must still prove all elements of malversation, including custody or control of public funds, their public nature, and evidence of misappropriation, conversion, or loss.

Leyco scheduled the continuation of the pre-trial on March 10 at 1:30 p.m.(MyTVCebu)