Remulla: Discayas next to face criminal charges over flood control mess

Contractors Curlee and Sarah Discaya are next to be charged in court over their alleged hand in anomalous flood control projects, Ombudsman Jesus Crispin Remulla said.

Remulla made the announcement a day after the Office of the Ombudsman filed malversation and two counts of graft charges against former Ako Bicol partylist representative Zaldy Co, several officials of the Department of Public Works and Highways (DPWH) Southern Tagalog, and Sunwest Corporation directors in connection with the alleged substandard P289-million flood control project in Oriental Mindoro. 

"Sa tingin ko, baka sumunod rito, Discaya na. Tapos na 'yung PI (preliminary investigation) sa ibang Discaya cases eh. It's already submitted for resolution na 'yun," Remulla said in a press conference.

(I would think the next cases to be filed are against the Discayas. Some of these cases underwent PI already and have been submitted for resolution.)

"At least three cases [are done with the preliminary investigation]. There are nine Discaya cases in total. Ganun din 'yan. Malversation [charge] rin 'yan, saka plunder rin 'yan… depende sa amount involved. Baka early next week [mai-file na iyong tatlo]. Tingnan natin kung kaya abutin ang Friday. Kasi for resolution na 'yan eh," Remulla added.

(That would be malversation charges, too, and plunder, depending on the amount involved. Maybe the filing will be early next week, or let's see if the filing could be done on Friday given that it is already for Resolution.)

During a previous House inquiry, House Deputy Speaker and Iloilo Representative Janette Garin, citing Securities and Exchange Commission (SEC) records of financial statements of eight Discaya-owned firms involving government contracts, said these firms' total revenues reached P1 billion to as much as P20 billion during administration of former President Rodrigo Duterte from 2017 to 2022.

These Discaya-owned firms include:

• St. Gerrard Construction
• Alpha and Omega Gen. Contractor and Development Corp.
• St. Timothy Construction Corporation
• Amethyst Horizon Builders
• St. Matthew General Contractor and Development Corporation
• Great Pacific Builders and General Contractor Inc.
• YPR General Contractor and Construction Supply, Inc.
• Elite General Contractor and Development Corp.

Remulla said that while the Ombudsman did not indict Co, DPWH officials and Sunwest Corporation for plunder, it does not mean that the Ombudsman would refrain from pursue plunder charges against those allegedly involved in the kickback scheme involving the government's flood control projects.

"We will still file plunder cases. Malversation [was filed] for now because it is easier to prove as compared with plunder, which has so much jurisprudence that will negate any attempts to convict people of plunder. I think, there is only one conviction for plunder… in the past 14 years, all of them [charged with plunder] are being acquitted," Remulla said.

"That's really something that we should be looking at also and should have a discussion with the Supreme Court. With such precedents, in the end, it's impossible to convict them of plunder. But it's really a case to case basis, especially when there's a conspiracy involved," Remulla added.

The plunder law states that the crime of plunder is committed when "a public officer by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts in the aggregate amount of at least P50 million.

The same law also states that any person who participated with an erring public officer in the commission of an offense contributing to plunder will likewise be punished for such an offense.

The Revised Penal Code, meanwhile, provides that malversation is committed when "a public officer who, by reason of the duties of his office, is accountable for public funds or property, will appropriate the same, or will take or misappropriate or will consent, or through abandonment or negligence, will permit any other person to take such public funds or property, wholly or partially."

A 2016 Supreme Court ruling required the identification of a main plunderer for conviction. 

Overall, Remulla said he was satisfied that the government was able to file charges during the first 40 days of his tenure as the Ombudsman.

"I'm satisfied that at least we were able to have a benchmark for the first 40 days. We will see from there. This is work in progress, and we really have to make our cases airtight. But the people here in the office already know what is expected of them based on the standards we've set," Remulla said. — VDV, GMA Integrated News