DOJ: Voluntary surrender of Discaya applies only to Davao Occidental case

A Department of Justice (DOJ) official clarified that the mitigating circumstance of voluntary surrender by contractor Sarah Discaya applies only to the case already filed against her and will not automatically cover any future cases that may be lodged.

Prosecutor General Richard Anthony Fadullon said the mitigating circumstance applies specifically to the Davao Occidental case.

Discaya, who surrendered to the National Bureau of Investigation (NBI), is facing charges of malversation and falsification of public documents in connection with an alleged P95.5 million “ghost project” in Davao Occidental.

Fadullon said Discaya’s voluntary submission to the NBI ahead of the issuance of an arrest warrant may be considered a voluntary surrender.

He explained that if the case proceeds and the court renders a decision, voluntary surrender may be treated as a mitigating circumstance that could lessen her criminal liability.

However, the DOJ official stressed that this mitigation applies only to the Davao Occidental case currently filed.

Fadullon clarified that the surrender does not prevent the government from continuing its investigation or from filing additional cases should further findings warrant it.

The contractor surrendered to the NBI prior to the issuance of an arrest warrant, which may qualify as voluntary surrender under the Revised Penal Code and could result in a lower sentence if she is convicted.

Discaya has said her surrender should not be interpreted as an admission of guilt, maintaining that her intention is to face the charges through proper legal channels.