MANILA — The Supreme Court (SC) has dismissed the petition for certiorari filed by Cezarah Rowena Discaya questioning the flood control case lodged against her.
Discaya sought to challenge the Office of the Ombudsman’s finding of probable cause for violations of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, as well as malversation through falsification of public documents.
The SC said the petition had already been rendered moot after the Ombudsman filed the corresponding Informations before the Regional Trial Court, which then issued a warrant of arrest.
“In general, courts may refrain from acting on such petitions once criminal proceedings are already underway, unless recognized exceptions are clearly shown. In this case, none were established by Discaya,” the SC Office of the Spokesperson said in a press briefing on Friday.
The High Court reiterated that the determination of probable cause during preliminary investigation lies primarily with the public prosecutor.
“As a rule, courts will not interfere with this function,” it said, adding that the Ombudsman’s findings were backed by substantial evidence.
The case originated from a complaint filed by Department of Public Works and Highways (DPWH) Secretary Vivencio B. Dizon against Discaya and several officials of the DPWH Davao Occidental District Engineering Office.
It involved the construction of a concrete revetment in Culaman, Jose Abad Santos, Davao Occidental, which was awarded to St. Timothy Construction Corporation (STCC), owned by Discaya. The DPWH alleged that the government was defrauded after STCC received full payment of P96.5 million despite the project remaining incomplete.
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