THE Supreme Court has dismissed a petition filed by embattled contractor Cezarah Rowena “Sarah” Discaya questioning the Office of the Ombudsman’s finding of probable cause against her in a graft and malversation case, ruling that the issue had become moot after charges were already filed in court.
In a press briefer, the High Court said Discaya’s petition for certiorari could no longer be acted upon after the Ombudsman filed the corresponding criminal information before a Regional Trial Court, which subsequently issued a warrant for her arrest.
The Court stressed that none of the recognized exceptions that would allow judicial intervention, such as protection of constitutional rights or lack of authority, were present in the case.
It also underscored that the determination of probable cause during preliminary investigation is the exclusive function of prosecutors, and courts generally do not interfere in such findings.
“The SC further noted that the Ombudsman’s findings were supported by substantial evidence,” the high court said.
The case stemmed from a complaint filed by the Department of Public Works and Highways against Discaya and several officials of the Davao Occidental District Engineering Office over the anomalous P96.5-million concrete revetment project in Jose Abad Santos, Davao Occidental, awarded to the latter’s St. Timothy Construction Corporation. (TPM/SunStar Philippines)