Contractor Sarah Discaya and eight officials of the Department of Public Works and Highways (DPWH) Davao Occidental District Engineering Office involved in the alleged P96.5-million “ghost” flood control project in Davao Occidental filed a motion to quash information and a motion to quash warrants of arrest before the Regional Trial Court (RTC) Branch 27 yesterday, January 7.
Discaya, owner of St. Timothy Construction, and company president Maria Roma Rimando, together with the DPWH officials, appeared via online conference on Monday, January 5, 2026, before RTC Branch 27.
The accused DPWH officials are Rodrigo Larete, Michael Awa, Joel Lumogdang, Harold John Villaver, Jafael Faunillian, Josephine Valdez, Ranulfo Flores, and Czar Ryan Ubungen.
Last December 19, 2025, the accused were transferred to the Lapu-Lapu City RTC, where warrants of arrest were issued in connection with the case for malversation of public funds through falsification, involving the alleged P96.5-million ghost flood control project.
During yesterday’s first court appearance, defense counsels questioned the venue of the case, arguing it should be heard in Malita, Davao Occidental, where the alleged crime occurred.
Legal counsel for Engr. Larete argued that Supreme Court Office of the Court Administrator Circular No. 328-2025—which allows the transfer of cases to an RTC outside the judicial region of the accused—“does not apply to the case.”
In an interview, Atty. Joseph Randi Torregosa explained that the circular applies only to high-ranking public officials with a salary grade of 27 or higher.
“The highest salary grade involved here is 25, held by Engr. Larete, classifying him as a low-ranking official,” he said.
Torregosa added that for officials below salary grade 27, jurisdiction is determined by the penalty: cases with penalties over six years fall under the RTC, while those below six years go to the Municipal Trial Court.
“Either way, the case should be filed in the court of the place where the alleged crime was committed,” he said.
Atty. Paul Tristan Sato, representing the other seven officials, filed a similar motion, citing the same argument.
Torregosa said that if the court grants the motion to quash the information, the defense will file for the immediate release of the accused.
Judge Nelson Leyco has yet to rule on the motion.
The arraignment is scheduled for January 13, 2026.
Meanwhile, all 10 accused also filed a motion to retain custody with the National Bureau of Investigation (NBI), but the court did not act, noting the motion had become moot.
Torregosa said the RTC had already issued a commitment order last December 19, directing detention at the Bureau of Jail Management and Penology (BJMP) facility in Lapu-Lapu City. (VCL)
