The Office of the Ombudsman (OMB) on Thursday, Dec. 11, declared that the fears expressed by contractor Cesarah Rowena “Sarah” Discaya “are the results of her own wrongdoing.”

Assistant Ombudsman Mico Clavano said that Sarah Discaya should have thought about the future of millions of Filipinos who were put at risk when funds were diverted for projects that were supposed to protect them from flooding.

Clavano said that “Sarah has the right to due process but fears cannot be used as an excuse to evade responsibility.”

“The consequences are here because the choices were hers," he pointed out.

Discaya, the president of her St. Timothy Construction Corporation, and suspended officials of the Department of Public Works and Highways (DPWH) in Davao Occidental have been charged with graft and non-bailable malversation of public funds by the Department of Justice (DOJ).

The cases involved the P96.5 million “ghost” flood control project in 2022 in Davao Occidental.

Discaya surrendered to the National Bureau of Investigation (NBI) last Tuesday, Dec. 9, in anticipation of an arrest order that may be issued by the regional trial court (RTC).

She broke down in tears during an interview with ABS-CBN and said that her kids have been heavily affected because of her surrender.

However, she clarified that her decision to be detained at the NBI office was made for her "safekeeping" and not an actual surrender. "At least, I'm somewhere safe," she said.

Aside from Discaya, the accused in the cases were DPWH District Engineer Rodrigo Larete, Assistant District Engineer Michael Awa, Construction Section Chief Joel Lumogdang, Project Engineer Harold John Villaver, Quality Assurance Section Chief Jafel Faunillan, Planning and Design Section Chief Josephine Valdez, Maintenance Section Chief Ranulfo Flores, Acting Finance Section Chief Czar Ryan Ubungen, and St. Timothy Construction president Roma Angeline Rimando,

They were charged with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 in relation to Articles 171 and 172 of the Revised Penal Code on malversation of public funds through falsification of public documents.

The charges alleged that the accused conspired to facilitate the release of P96.5 million for the supposed construction of a revetment project in Barangay Culaman, Jose Abad Santos, Davao Occidental.

But based on official inspection and witness accounts, the project was never implemented; there was no actual construction; and yet it was certified that the project was completed.

Earlier, the Supreme Court (SC) clarified that the two criminal cases against Sarah Discaya and the DPWH officials were filed before the Malita RTC and not before the Digos RTC in Davao Occidental.

SC Spokesperson lawyer Camille Sue Mae L. Ting said the cases were received by the Digos RTC which shares the same office with the Malita RTC.

Ting said the cases will be transferred to the Malita RTC and thereafter will be assigned to a court that is designated as a special court to handle anti-graft cases like those involving the flood control projects.

The SC had earlier designated RTCs nationwide as special courts to expedite the trial and resolution of cases involving flood control and other infrastructure projects of the government.