The Department of Public Works and Highways (DPWH) has moved to include contractor Pacifico “Curlee” Discaya as a respondent in a P96.5 million “ghost” project case in Davao Occidental, the Office of the Ombudsman announced Monday.

Assistant Ombudsman Mico Clavano disclosed that DPWH Secretary Vince Dizon submitted a manifestation impleading Discaya in the same case already facing his wife, Cezarah “Sarah” Discaya. To implead is a legal process that officially includes a person in a court case to hold them responsible for claims.

The case centers on a concrete revetment, or retaining wall, in Barangay Culaman in the town of Jose Abad Santos. Although the project was awarded to St. Timothy Construction Corp. in January 2022 and reported as completed that October, government inspections and witness accounts determined the wall was never built.

Clavano said the anti-graft body received affidavits from various individuals alleging that Discaya has “beneficial ownership” or exercises control over the companies involved, even if his name does not appear on official corporate papers.

“Either they are the ones who signed on behalf of the corporations, even though they are not on paper, or they are the ones giving instructions to the people in the company,” Clavano said. “They are the ultimate beneficial owners... and that is a challenge for us.”

Discaya is currently in Senate detention after being cited for contempt last year for allegedly providing inconsistent statements during hearings on the flood-control scandal.

The Ombudsman previously filed graft and malversation charges against Sarah Discaya — who serves as president of her construction company — and eight DPWH officials on 5 December.

The case was recently transferred from the Regional Trial Court in Digos City to Regional Trial Court Branch 27 in Lapu-Lapu City, Cebu, a special court designated by the Supreme Court for infrastructure-related corruption.

It marks the first time both members of the Discaya couple have been named in a flood-control corruption case brought to court by the Ombudsman.