Sarah Discaya surrender not admission of guilt but legal strategy, says lawyer

The surrender of Sarah Discaya was a "strategic legal move" and not an admission of wrongdoing, according to her lawyer Atty. Cornelio Samaniego III on Wednesday.

“Hindi naman po admission of guilt kasi korte lang po ang magtatakda talaga ng guilt ng isang akusado o respondent sa isang kaso po,” Samaniego told GMA Integrated News’ Unang Balita in an interview.

(It is not an admission of guilt because only the court can determine the guilt of an accused or respondent in a case.)

“Sumuko po siya dahil alam niya na malinis ang kanyang konsensya at kaya niyang harapin ang anumang legal na proseso patungkol dito sa kasong isinampa sa kanila dito sa Digos RTC,” he added.

(She surrendered because she knows that her conscience is clear and she can face any legal process regarding the case filed against her at the Digos RTC.)

Samaniego pointed out that the Discaya camp had long prepared for this situation since the issue on the reported anomalous flood control project first emerged. 

“Sa umpisa pa lang kasi noong sumabog itong issue na ito sa flood control project at mula noong nag-engage siya ng mga abogado niya, napag-usapan na namin ‘yan sa isa sa mga legal strategies namin,” he said.

(Since the beginning, when this issue came up, the flood control projects came out, and since she engaged her lawyers, we have discussed that this is one of our legal strategies.)

“Na kung sakaling may sumampang kaso, hindi na namin pa aantayin na ilabas pa ang warrant of arrest kaya iyan ang pinili po niya na legal strategy para sumuko, voluntary sumuko siya sa awtoridad,” he added.

(That if there is a case filed, we will not wait for the arrest warrant to be issued, so the legal strategy she chose is to voluntarily surrender to the authorities.)

Meanwhile, Samaniego said Discaya had received unpleasant text messages and suspicious calls but the contractor did not consider them.

On Tuesday, Discaya went to the National Bureau of Investigation to surrender.

This was after President Ferdinand "Bongbong" Marcos Jr. said that an arrest warrant is set to be issued against her in connection with the anomalous flood control projects.

Discaya and her husband Pacifico are under probe after their construction firms were tagged in the anomalies in the country’s flood control projects. 

They own the Alpha and Omega General Contractor & Development Corporation, one of the 15 companies named by Marcos that secured 20% of the flood control projects in the country. 

Flood control projects

Discaya and nine others are facing cases for alleged malversation of public funds and alleged violation of the Anti-Graft and Corrupt Practices Act in connection with the P96.5-million ghost flood control project in Barangay Culaman in Jose Abad Santos town in Davao Occidental.

“Yung project na iyan, tapos po iyan. Actually nakuha yan ng St. Timothy noong year 2022 pa. Nagkaroon po ng construction agad. Ang problema po nagkaroon nagkaroon po ng mga pagbaha doon sa mga lugar na iyon. Nasira, ni-repair. Nasalanta na naman ng bagyo, nasira, ni-repair ulit,” he added.

(That project is completed. Actually, St. Timothy got it in 2022. Construction started immediately. The problem was that there were floods in those areas. It was damaged and repaired. The typhoon devastated it again, damaged it, and repaired it again.)

“Tama naman po na nung nagpunta sila, sira po ang flood control project doon sa Digos City. Ngayon po, noong last month, nakumpleto na po yan base po sa mga dokumentong binigay ng mga public respondents coming from DPWH Davao Occidental,” he added.

(That's right, when they inspected, the flood control project in Digos City was damaged. Now, last month, it was completed based on the documents provided by the public respondents coming from DPWH Davao Occidental.)

The Discaya couple earlier expressed intent to be state witnesses in the probe, but the Office of the Ombudsman said they have zero chance of being one because of their deep involvement in the anomalies. 

The couple eventually stopped coordinating with the Department of Justice. —Joviland Rita/ VAL, GMA Integrated News