Sarah Discaya allowed P1 million bail in alleged Davao Occidental ghost project case

The Regional Trial court in Lapu-Lapu City, Cebu has allowed controversial contractor Sarah Discaya to post a P1 million bail in the case for malversation of public funds and violation of the anti-graft law involving an alleged ghost project in Davao Occidental.

The court also allowed the finance officer of the Department of Public Works and Highways (DPWH) in Davao Occidental, Czar Ryan Ubungen, to post a bail of P300,000.

In a 15-page resolution, RTC Branch 27 Presiding Judge Nelson Leyco said prosecutors failed to present enough evidence to keep the two in jail, for now.

No witness has testified during the bail hearing to Discaya’s participation in the Malita project.

“At this point in time, the pieces of evidence highlighted by the prosecution are not yet enough to prove Discaya’s instrumental participation in committing the criminal act of falsifying the documents or conspiring with the other accused. As such the Court has to afford her the Constitutional right t post bail during the pendency of the main trial in this case,” the court said.

The court also took into account the statement of a prosecution witness, a former employee of St. Timothy Construction, of the employee’s lack of personal knowledge into Discaya’s participation in the project.

The court said evidence presented by the prosecution, so far, does not prove Discaya manufactured documents and that she connived with the other accused in the case.

The court, however, denied the petition for bail of eight other accused, saying the evidence against them is strong to keep them behind bars.

These include other DPWH officials and Maria Roma Rimando, executive officer of St. Timothy Construction, who, the court said, were proven to have signed false certifications and documents.

Ubungen’s case, however, is reportedly different because only his signatures in the disbursement vouchers are the basis of the case against him.

Discaya, however, is facing a non-bailable case filed against her and husband Pacifico "Curlee" Discaya, in Bulacan in relation to an alleged P53.9 million ghost project in Calumpit.

Legal remedies

GMA Regional TV Balitang Bisdak tried to get a statement from Discaya’s lawyer but the lawyer declined to comment.

The lawyers of the other respondents said they are exploring other legal remedies available.

“We respect his decision but, understandably, our other clients are disappointed. We are yet to speak with them but we will be exploring our remedies,” said Atty. Vincent Villa, lead counsel of the DPWH officials of Davao Occidental.

“Of course, we can still file a motion for reconsideration and if it’s denied, a possible petition for certiorari,” said Atty. Joseph Randi Torregosa, another defense lawyer.

They said they are confident of the pieces of evidence they will present during the full blown trial.

“This is a temporary setback. Of course, our clients were all hoping the petition would go our way but the court found it the other way… but this should not dampen our strong resolve to fight this out,” Torregosa said.

Provisional liberty

The court explained that ruling on the respondents’ petition for bail is confined within the issue of an accused’ right for provisional liberty.

Allowing a respondent to post bail does not mean that his or her guilt can no longer be established beyond reasonable doubt during trial.

In the same way, denying a respondent bail also does not mean they would be convicted in the case.

Reflection

Leyco included, in separate writing titled “Reflections beyond the case,” his personal reflections on broader policy and jurisprudential issues, and the possibility that his decision would invite criticism.

“To be sure, the Resolution will likely invite criticism and maybe even ridicule. Yet perhaps that is precisely what is needed to spark meaningful discussion and serve as a catalyst for change,” the judge wrote.

Discaya was committed to the Lapu-Lapu City Jail along with eight DPWH officials on Saturday, December 20, 2025. —Lou-Anne Mae Rondina, GMA Regional TV News