DEFENSE lawyers of controversial contractor Sarah Discaya, along with nine co-accused, challenged the prosecution’s claim that a P96.5 million flood control project was a “ghost” project, citing that the structure does exist but may have been built partly outside its intended location.
The point emerged as the trial of the accused opened at the Regional Trial Court Branch 27, presided over by Judge Nelson Leyco at the Lapu-Lapu City Hall of Justice, with the Office of the Ombudsman presenting its first set of witnesses.
The prosecution panel is led by Ombudsman–Visayas officer-in-charge for Preliminary Investigation Jess Vincent Dela Peña.
The prosecution presented three witnesses who specialize in design, construction, and project quality.
During cross-examination on Tuesday, April 7, 2026, a prosecution witness from the Department of Public Works and Highways (DPWH) Central Office Quality Assurance Unit testified that an infrastructure project was present during an ocular inspection conducted on October 25, 2025. However, it was still incomplete at the time.
The witness cited discrepancies between the project’s actual coordinates and those indicated in official plans and documents.
He said that portions of the riverbank project had already been partially completed, while other sections on land were undergoing repairs during the inspection in 2025.
The team visited the site of the alleged ghost infrastructure project only once.
The case stems from allegations that Discaya, along with St. Timothy Construction president Roma Rimando and eight DPWH officials in Davao Occidental, were involved in an alleged "ghost" flood control project.
The 10 individuals are facing charges of malversation of public funds and violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
The witness also testified that during the site inspection of the investigation team, which was accompanied by co-accused Project Engineer Harold John Villaver, the coordinates of the project differed from those indicated in the Detailed Engineering Design, as-built plan, and at-stake plan.
Defense counsel Joseph Randi Torregosa, lawyer for former DPWH XI District Engineer Rodrigo Larete, argued that a project cannot be classified as “ghost” if it physically exists.
"Physically, the project is there existing, although at the time of the inspection, it was still ongoing," said Torregosa in a media interview.
“I think that's the most important fact that was established by the testimony of the witness. It’s not a ghost project,” Torregosa added.
While it was reportedly completed on October 2, 2022, it later required repairs due to damage caused by typhoons and heavy rainfall.
The two-kilometer flood control project was scheduled for implementation from January 13, 2022, to November 14, 2023.
Torregosa added that the issue raised by the prosecution concerns only a portion of the structure, particularly a discrepancy from the designated starting point.
According to the defense, the prosecution alleges that part of the project was constructed along a section of the Culaman River in Jose Abad Santos, Davao Occidental that does not fully align with the approved plans.
The prosecution’s witness also pointed to discrepancies between the approved plans and the actual construction, including variations in stone sizes and splicing of rebars.
“There was only a question, a gap, of 400 meters that refers to the point of beginning where the concrete revetment was supposed to begin. That’s the only issue there,” Torregosa said.
All of the accused, except for Villaver who appeared in court in person, attended via video conferencing while being held at the Bureau of Jail Management and Penology in Barangay Mactan, Lapu-Lapu City. (DPC)