By Benjamin Pulta
MANILA – The Supreme Court (SC) on Friday said it has turned down a petition filed by contractor Cezarah Rowena “Sarah” Discaya challenging the Office of the Ombudsman’s proceedings against her in charges linked to irregularities over a PHP96.5-million project in Davao Occidental undertaken by St. Timothy Construction Corporation (STCC) owned by the Discayas.
In a statement, the SC said the court en banc on April 8 dismissed for being moot Discaya’s suit against Alley Ong, Graft Investigation and Prosecution Officer I of the Office of the Ombudsman and Department of Public Works and Highways (DPWH) Secretary Vivencio B. Dizon.
The project involved a concrete revetment in Culaman, Jose Abad Santos, Davao Occidental, awarded to STCC which investigators said received the full contract payment of PHP96.5 million despite non-completion and was discovered in the investigations on anomalies in the DPWH Davao Occidental District Engineering Office (DEO).
Discaya challenged the Ombudsman’s finding of probable cause against her for violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and malversation through falsification of public documents.
The SC, however, ruled that the petition had become moot after the chief graft buster’s office filed the corresponding charges against Discaya with the regional trial court, which subsequently issued a warrant of arrest.
“Although exceptions exist to safeguard constitutional rights, maintain orderly justice, or when charges are baseless or beyond authority, Discaya did not demonstrate any of these exceptions,” the court said.
The SC said determining probable cause during preliminary investigation is the exclusive function of the public prosecutor and that “as a rule, courts do not interfere with this determination,” noting that the Ombudsman’s findings were supported by substantial evidence. (PNA)
