CEBU CITY – Contractor Sarah Discaya and eight other officials from the Department of Public Works and Highways (DPWH)-Davao Occidental had their first day in court in connection with the malversation of public funds and graft charges filed against them.
Discaya and her co-accused in the P96.5-million flood control scam in Davao Occidental attended the trial via video conference on Monday, Jan. 5. The accused are detained at the Lapu-Lapu City Jail.
The accused filed a motion to quash information before the Regional Trial Court Branch 27 in Lapu-Lapu City.
Discaya’s lawyers did not grant media interviews.
But Joseph Randi Torregosa, counsel for accused Rodrigo Larete, officer-in-charge of the DPWH-Davao Occidental District Engineering Office, said the case should stay in Malita, Davao Occidental.
“Venue in criminal cases is jurisdictional, meaning the case should be filed in the court where the crime was committed. You cannot just file it in any court,” Torregosa told reporters.
Torregosa said a case can only be transferred to another venue upon the order of the Supreme Court (SC).
“One exception to this rule is when the Supreme Court orders the transfer in venue,” Torregosa said, citing the so-called Maguindanao Massacre in 2009 in which the crime happened in Mindanao but trials were held in Manila upon the order of the High Court.
Torregosa said proper procedure has to be followed before a case is transferred to another venue.
“This rule (transfer of venue) does not apply because there was no motion filed. The rules provide for a specific procedure if the prosecution or any party wishes to transfer the venue. There should be proper motion, the parties should be heard which was not done in this case,” Torregosa said.
The lawyer also added that he did not receive a notice, informing him of the transfer of the case to Lapu-Lapu.
Discaya and her co-accused were transferred to Lapu-Lapu last month after the SC designated RTC Branch 27 in Lapu-Lapu as the proper special anti-graft court.
Discaya’s camp also sought to stay in the custody of the Naitonal Bureau of Investigation.
Presiding Judge Nelson Leyco has yet to rule on the motions. The accused will be arraigned on Jan. 13.