The Supreme Court of the Philippines (SC) has dismissed a petition seeking to halt the filing of charges over the alleged P96.5-million “ghost” flood control project in Davao Occidental, ruling that the case had already been overtaken by events.

The petition was filed by contractor Sarah Discaya, who questioned the Office of the Ombudsman’s finding of probable cause for graft and non-bailable malversation of public funds.

In its 8 April ruling, the High Court said the petition had become moot after the Ombudsman proceeded with filing the cases before a regional trial court, which subsequently issued an arrest order.

The case has since been transferred to the Lapu-Lapu City Regional Trial Court, a designated court for graft and flood control cases, where Discaya is now detained.

The SC said Discaya failed to establish any exception that would warrant court intervention, stressing that the determination of probable cause is primarily the function of prosecutors.

It added that the Ombudsman’s findings were supported by substantial evidence.

Also facing charges are several officials of the Department of Public Works and Highways (DPWH) Davao Occidental District Engineering Office, including District Engineer Rodrigo Larete and Assistant District Engineer Michael Awa, along with engineers and inspectors. Ma. Roma Angelin Rimando of St. Timothy Construction Corporation was likewise included.

The Ombudsman alleged that the accused conspired to facilitate the release of P96.5 million for a revetment project in Barangay Culaman, Jose Abad Santos, which was never implemented.

Inspection reports and witness accounts showed no actual construction despite certification that the project had been completed.

The implicated DPWH officials have been placed under six-month preventive suspension in connection with the administrative case.

Discaya surrendered to the National Bureau of Investigation in December 2025 and remains in custody following her arraignment, where she and her co-accused pleaded not guilty.