DPWH wants Curlee Discaya charged over alleged ghost project in Davao Occidental

The Department of Public Works and Highways (DPWH) has asked the Office of the Ombudsman to file criminal charges against contractor Pacifico “Curlee” Discaya over the alleged ghost P96.5 million flood control project in Davao Occidental, Assistant Ombudsman Mico Clavano said Monday.

“As far as I can reveal, a manifestation was given by the DPWH through Secretary Vince Dizon, now impleading Mr. Curlee Discaya, in the same case in Davao Occidental, where his wife is also already impleaded. The affidavits of several individuals stated that Curlee Discaya has beneficial ownership…or the one exercising control in the companies involved in the Davao Occidental project,” Clavano told reporters.

He was referring to the malversation and graft charges filed against contractors Cezarah "Sarah" Discaya and Maria Roma Angeline Rimando of St. Timothy Construction, and DPWH-Davao Occidental officials over a P96.5-million ghost flood control project in the province. 

Aside from Discaya and Rimando, among those charged are DPWH Davao Occidental District Engineering Office officers. They are:

• Rodrigo Larete
• Michael Awa
• Joel Lumogdang
• Harold John Villaver
• Jafael Faunillian
• Josephine Valdez
• Ranulfo Flores and
• Czar Ryan Ubungen

“When you say beneficial ownership, either they're the ones that sign on behalf of the corporations even if their names are not on company papers, or they are the ones giving orders to the company employees, exercising dominion over the company. So even if their names are not in company papers, they are the ultimate beneficial owners of the company,” Clavano added.

Clavano, however, admitted that it is harder to prove beneficial ownership of individuals since this information is not necessarily documented.

“Iyan po ang isang challenge sa amin na hindi naman siguro lahat ng tao ay nilalagay nila 'yung pangalan nila mismo sa korporasyon. Kaya kailangan muna namin tignan ‘yung kabuuan ng kuwento at tignan kung meron talagang nasa likod ng mga korporasyon na ito na sangkot sa flood control projects,” he said.

(That is really one of the challenges for us because not everyone will put their name on company papers. We really need to dig deeper to see the whole picture and see if there are really some people behind these corporations involved in flood control projects.)

“That's one of the challenges that we have to overcome. Buti na lang po, merong mga taong magsasabi from inside the company na itong mga tao na ito ay talagang ang beneficial owner at ‘yung nagpapatakbo ng mga company na ito,” Clavano added.

(Good thing there are people inside the company who can say that these certain people are the beneficial owners and the ones running the company.)

Further, Clavano said that the DPWH’s recommendation to charge Mr. Curlee Discaya will be subjected to the preliminary investigation of the Ombudsman.

“We have to give them due process. It will be up to the panel of prosecutors to determine if Mr. Discaya is really involved [in Davao Occidental],” Clavano said. —KG, GMA Integrated News