The hearing of the motion to quash information filed by the legal counsel of controversial contractor Sarah Discaya and nine other accused was set on Monday, January 5, 2026.
Discaya and nine others have been accused of graft and malversation of public funds in relation to the P96.5-million ghost flood control project in Davao Occidental.
During the hearing, legal counsels questioned the imprisonment of Discaya and nine others in Cebu.
Present during the hearing are the legal counsels of Sarah Discaya and Ma. Roma Angeline Rimando, chief finance officer of St. Timothy Construction Corporation; and of the eight officials of the Department of Public Works and Highways (DPWH) Davao Occidental.
The 10 accused, detained at the Lapu-Lapu City Jail, attended the hearing through video conference.
Members of the media were also allowed inside the court but taking of videos and pictures was strictly prohibited.
On the part of the prosecution, two lawyers from the Office of the Ombudsman Davao Occidental attended the hearing; they are Atty. Marie Josephine de Vera and Atty. Glaiza May Plan.
Both the defense and the prosecution pointed out that Regional Trial Court (RTC) Branch 27 in Lapu-Lapu City does not have jurisdiction over the case.
According to Atty. Joseph Randi Torregosa, legal counsel of District Engineer Rodrigo Larete, the Office of the Clerk of Court (OCA) Circular 328-2025 cannot be used in the case.
Torregosa pointed out that the said circular which orders the transfer of a case to an RTC within a judicial region cannot be applied, except for the region where the accused work, or conduct office.
The legal counsels refused a media interview. Neither did the lawyers from Ombudsman Davao Occidental gave a statement to the media.
From afternoon on January 5 to January 12, it is expected that Presiding Judge Nelson Leyco will release a resolution on the said motion to quash information.
The judge’s decision is expected to affect the scheduled arraignment of the accused on January 13.
