The counsel for contractor Pacifico “Curlee” Discaya on Wednesday disclosed his filing of a petition for certiorari before a Pasay City court questioning the detention of his client at the Senate.
Lawyer Cornelio Samaniego III on Wednesday noted that Discaya has been detained since 23 September and he was not released despite the filing of a habeas corpus petition.
However, Samaniego said they have another pending petition for certiorari, which is pending in the Pasay City court.
A petition for certiorari aims to correct errors of jurisdiction committed by a lower court or for grave abuse of discretion.
Samaniego said that once a Senate hearing on an issue concludes, individuals charged with contempt should be released.
He emphasized that Discaya has no intention of hiding from the authorities.
“No. Like Sarah Discaya and Maria Roma Angeline Rimando, they have no plans of escaping. We attended all hearings in the Senate, the Lower House, the Independent Commission for Infrastructure, and the Department of Justice. We all obeyed; we have no absences,” the lawyer said.
The Senate Blue Ribbon Committee cited Curlee Discaya in contempt for lying about the absence of his wife, Sarah, during a hearing on anomalous flood control projects on 18 September.
PNP applauds Sarah
Meanwhile, the Philippine National Police (PNP) lauded Sarah Discaya for voluntarily surrendering to authorities in connection with the controversial flood control projects in Davao Occidental.
PNP chief P/Lt. Gen. Jose Melencio Nartatez Jr. said Discaya’s decision demonstrated courage, especially given that the charges filed against her could be non-bailable.
“The Philippine National Police welcomes her decision. It is a good example that others in similar situations should emulate. Hiding accomplishes nothing because no matter how long you evade authorities, you remain subject to arrest,” Nartatez said.
He cited previous cases, including that of the late Rolito Go, to emphasize that evasion ultimately fails.
Years ago, Go had gone on the lam after shooting a college student to death. He was finally arrested after some time, however.
“Incidents in the past show that the PNP will not stop until court orders are satisfied. Hiding has never been a good decision,” he said.
Discaya voluntarily surrendered to the NBI on 9 December, even though no arrest warrant had yet been issued.
Nartatez affirmed that the PNP sees no issue with her choosing the NBI, noting that both agencies share the same objective in ensuring accountability in the flood control projects.