Sarah Discaya's lawyer wants trial moved

Sarah Discaya's Lawyer Seeks Trial Shift A Jurisdictional Battle in the Lapu-Lapu City Court

As the year comes to a close, the legal community is abuzz with a significant development in the high-profile case of Sarah Discaya, a contractor accused of misusing public funds for a flood control project. In an unexpected turn of events, Discaya's lawyer has filed a motion requesting that the trial be moved from Lapu-Lapu City to Malita, Davao Occidental, where the alleged crime took place.

Background

In December 2025, Sarah Discaya and eight officials of the Department of Public Works and Highways (DPWH) were arrested and detained on charges of malversation of public funds through falsification. The investigation, conducted by the Office of the Ombudsman Mindanao, found probable cause for the alleged non-implementation of a flood control project in Jose Abad Santos, Davao Occidental, reportedly funded with P96.5 million in public funds.

Current Situation

Discaya's lawyer has argued that Lapu-Lapu City RTC Branch 27 lacks jurisdiction over the case, as the alleged crime occurred in Malita, Davao Occidental. The defense cites Supreme Court Office of the Court Administrator (OCA) Circular 328-2025, which allows for the transfer of cases to an RTC outside the judicial region where the accused holds office.

A Key Factor

In a surprising twist, Discaya's lawyer has also highlighted that the circular only applies to high-ranking public officials with Salary Grade 27 or higher. Given that none of the accused are above this salary grade, the defense argues that the circular does not apply and therefore, the case should be heard in Malita.

A Strategic Move

The motion to quash the information and void the arrest warrants is seen as a strategic move by Discaya's lawyer to shift focus away from the charges themselves and onto the jurisdictional issue. By doing so, the defense hopes to create uncertainty and confusion among the prosecution team, ultimately delaying the proceedings.

What's Next?

The court has yet to rule on the motions, but if successful, the case could be transferred back to Malita. Meanwhile, arraignment for all the accused is scheduled for January 13. As the battle over jurisdiction continues to unfold, one thing is clear this high-profile case will require a deep understanding of the intricacies of Philippine law and procedure.

Keywords Sarah Discaya, Lapu-Lapu City Court, Malita, Davao Occidental, Department of Public Works and Highways (DPWH), Office of the Ombudsman Mindanao, malversation of public funds through falsification

Edward Lance Arellano Lorilla

CEO / Co-Founder

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