The trial of controversial contractor Sarah Discaya, St. Timothy Construction president Maria Roma Rimando, and eight officials of the Department of Public Works and Highways (DPWH) Davao Occidental District Engineering Office is scheduled to begin on April 7, 2026 before Regional Trial Court (RTC) Branch 27 in Lapu-Lapu City.
The case, which involves allegations of a P96.5-million “ghost” flood control project, is being handled by the Office of the Ombudsman.
Prosecutors have lined up 18 witnesses, while the defense plans to present 26 witnesses in total.
On March 10, Discaya, Rimando, and the eight DPWH officials attended their second pre-trial hearing.
All accused appeared via online conferencing from the Bureau of Jail Management and Penology (BJMP) facility in Lapu-Lapu City, while their lawyers were physically present in court.
The DPWH officials facing charges were identified as Rodrigo Larete, Michael Awa, Joel Lumogdang, Harold John Villaver, Jafael Faunillian, Josephine Valdez, Ranulfo Flores, and Czar Ryan Ubungen.
They are charged with violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, as well as malversation of public funds through falsification of commercial documents.
During the pre-trial hearing presided over by Judge Nelson Leyco, prosecutors formally presented the names of their 18 witnesses.
Ombudsman Officer-in-Charge for Preliminary Investigation Jess Vincent A. Dela Peña said the witnesses will come from both Davao and Manila, as the project in question was implemented outside Cebu.
Most prosecution witnesses are expected to submit judicial affidavits during the trial.
The defense, however, objected to the use of affidavits in place of personal testimony.
Atty. Cornelio Samaniego, legal counsel for Rimando, said it would be “essential to know the demeanor and actions of the witnesses, especially during cross-examination.”
The prosecution clarified that witnesses primarily tasked with document identification would still be subject to cross-examination through online proceedings.
Eleven of the 18 prosecution witnesses will mainly identify documents from offices such as the Bureau of Internal Revenue, Securities and Exchange Commission, City Assessor’s Office, Business Processing and Licensing Office, and the Registry of Deeds.
The remaining seven witnesses will provide testimonial evidence.
The court directed the prosecution to submit a summary of witnesses, a list of evidence, and the gist of each testimony ahead of the April 7 trial date.
Judge Leyco said this will help determine whether witnesses need to appear in person and assist in scheduling their presentations.
On the defense side, 26 witnesses are slated to testify in court. Nine will testify for Engr. Larete, 13 for the other DPWH officials, three for Rimando, and one for Discaya.
All defense witnesses will provide live court testimony without relying on judicial affidavits.
The trial is expected to span 12 hearing dates from April to September, with two hearings each month. Scheduled sessions are set for April 7 and 28; May 5 and 19; June 2 and 23; July 7 and 12; August 4 and 18; and September 8 and 22.
The Ombudsman maintains that all elements of malversation are present, noting that the accused public officers allegedly received full payment for a project that was not completed, resulting in undue benefits.
The defense, however, contends that the flood control project was completed but later damaged by typhoons and heavy rains.
Atty. Joseph Randi Torregosa, representing Engr. Larete, explained that repair works were delayed due to political conditions in the area and cited DPWH Central Office policies allowing for the fast-tracking of fund releases.
Affidavits submitted by the defense indicate that some repair works remained incomplete despite the full payment of project funds in February 2023. (VCL)
