Ombudsman files graft, malversation raps vs Discayas, DPWH officials
by Ian Laqui · philstarMANILA, Philippines — The Office of the Ombudsman filed graft and malversation charges against several Bulacan public works officials and contractor couple Curlee and Sarah Discaya over alleged irregularities in a flood control project.
The charges were filed before the Malolos Regional Trial Court on Thursday, June 4, for alleged violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and one count of malversation of public funds or property through falsification of public documents under the Revised Penal Code.
In a statement, Assistant Ombudsman Mico Clavano said the charges stemmed from a Department of Public Works and Highways contract for the rehabilitation of river control structures along Bulusan in Calumpit, Bulacan.
"The findings of the Office of the Ombudsman reveal an utter and flagrant disregard for government auditing and accounting regulations. Specifically, investigators discovered that payments for the project's first billing were released despite an unapproved Disbursement Voucher," Clavano said.
"Furthermore, full payments for dredging and embankment items were made without any basis for computation or the necessary supporting documents required to prove project accomplishment," he added.
The alleged "financial injury to the government" caused by St. Timothy Construction Corp., the Discayas' firm, amounted to around P53.9 million, Clavano said.
Officials, executives charged
Aside from Curlee and Sarah Discaya, the Ombudsman also charged Ma. Angeline Discaya Rimando of St. Timothy Construction.
The Bulacan public works officials charged by the anti-graft body are:
- Merg Jaron Caparas Laus
- Brice Hernandez
- Jaypee Mendoza
- Ernesto Galang
- Norberto Santos
- Lorenzo Pagtalunan
- Juanito Mendoza
- Floralyn Simbulan
According to Clavano, Ombudsman investigators found that the accused public officials permitted a contractor to misappropriate public funds intended for vital community infrastructure, which the anti-graft body said amounted to malversation of public funds.
Ombudsman probers identified the beneficial owners of St. Timothy Construction as the Discaya spouses, along with Rimando, the company's managing officer.
Two officials excluded
Although eight DPWH officials and three construction executives were charged, former District Engineer Henry Alcantara and Project Engineer Paul Jayson Duya were excluded from the criminal cases after securing immunity agreements with the Ombudsman.
"While eight DPWH officials and three construction executives have been named as the accused, Henry Alcantara, former District Engineer, and Paul Jayson F. Duya, the Project Engineer, were excluded from the criminal Informations following Immunity Agreements with the Office of the Ombudsman," Clavano said.
Clavano said the case was filed before the Regional Trial Court, not the Sandiganbayan, because of the salary grades of the officials involved and the nature of the offenses.
Under the law, the Sandiganbayan has jurisdiction over cases involving government officials with Salary Grade 27 and above.
The Ombudsman recommended bail of P90,000 per person for the alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
It recommended no bail for the complex crime of malversation of public funds through falsification of public documents.
"The prosecution will now proceed to the trial phase, where evidence will be presented to hold the individuals accountable for the misappropriation of public resources intended for vital community infrastructure," Clavano said.