The Manila Times
THE Supreme Court en banc has dismissed a petition for certiorari filed by alleged flood control scam contractor Cezarah Rowena Discaya, challenging the Office of the Ombudsman’s finding of probable cause against her for graft and malversation through falsification of public documents. In a session held April 8, but made public only Friday, the high court acted on a case filed by Discaya against Alley Ong, in his capacity as Graft Investigation and Prosecution Officer I of the Office of the Ombudsman, and Department of Public Works and Highways (DPWH) Secretary Vince Dizon. The high court dismissed the petition after ruling that it had become moot following the filing of informations by the Ombudsman before the Regional Trial Court and the subsequent issuance of a warrant of arrest against Discaya. The court said that while exceptions to mootness may be invoked to protect constitutional rights, ensure orderly administration of justice, or in cases where charges are patently void or issued without authority, Discaya failed to establish the applicability of any of these exceptions in her case. The court reiterated that the determination of probable cause during preliminary investigation is primarily the function of the public prosecutor, and as a rule, courts do not interfere with such findings. It added that the Ombudsman’s determination was supported by substantial evidence. The case stemmed from a complaint filed by Dizon against Discaya and several officials of the DPWH Davao Occidental District Engineering Office. The complaint involved the construction of a concrete revetment project in Culaman, Jose Abad Santos, Davao Occidental, which was awarded to St. Timothy Construction Corp. (STCC), owned by Discaya. The DPWH alleged that the government was defrauded after STCC received full payment amounting to P96.5 million despite the project’s non-completion. The case had been handled by the Office of the Ombudsman and was brought before the courts following the filing of criminal informations.
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