Metro Manila, Philippines – Controversial contractor Curlee Discaya will remain in Senate detention after the court dismissed his petition to nullify the chamber’s contempt and detention orders.
In a 22-page decision dated Monday, Feb. 23, the Pasay City Regional Trial Court Branch 297 denied Discaya’s petition for certiorari for lack of merit.
The decision, signed by Presiding Judge Ronald August Tan, ruled that Discaya failed to prove grave abuse of discretion on the part of the Senate.
The court said the respondents — including the Senate, the Blue Ribbon Committee, its chairman Panfilo “Ping” Lacson, Senate President Vicente “Tito” Sotto III, and the Senate sergeant-at-arms — all acted “entirely within their constitutional and institutional authority.”
“The Blue Ribbon Committee possesses inherent authority, as an incident of the Senate’s power to conduct inquiries in aid of legislation, to cite a resource person in contempt for contumacious conduct – including the giving of false or evasive testimony,” the court order read.
The Senate cited Discaya in contempt and ordered his detention in September after he told the committee that his wife, Sarah Discaya, could not attend the public hearing due to medical conditions. However, her own excuse letter cited a previously scheduled employee meeting.
Sarah Discaya is detained at the Lapu-Lapu City Jail over graft and malversation charges linked to alleged ghost flood control projects in Davao Occidental.
The court also rejected Discaya’s argument that his explanation regarding his wife’s absence was irrelevant and immaterial, stressing that the attendance of resource persons is important in legislative inquiries.
However, the court reminded the Senate that detention must not be indefinite and should end once the legislative inquiry is concluded or when the 20th Congress adjourns. It also urged the blue ribbon committee to act on Discaya’s pending motion for reconsideration.
