CA junks Curlee Discaya’s ‘defective, deficient’ petition

MANILA, Philippines — The Court of Appeals (CA) upheld the detention of private contractor Pacifico “Curlee” Discaya II in the Senate premises, saying his petition challenging the move was “defective and deficient.”

In its seven-page resolution promulgated on June 4, the appellate court’s Third Division dismissed the petition filed against the Senate, its Blue Ribbon committee and sergeant-at-arms as well as Pasay Regional Trial Court Branch 297 judge Ronald August Tan, saying Discaya “availed of the wrong remedy of certiorari.”

“The Court exercises its discretion to dismiss the petition for certiorari for being procedurally defective and substantively deficient,” read a part of the resolution penned by CA Associate Justice Rogelio Largo.

The CA said Discaya “failed to serve a copy of the petition on the respondents and likewise failed to attach proof of service – specifically, an affidavit of service” and “attach to the petition some pertinent pleadings/documents and such material records in support of the petition.”

According to the court, Discaya also “failed to submit a verified declaration of transmittal of electronic documents to the court.”

In February this year, the Pasay court upheld Discaya’s detention by the Senate Blue Ribbon committee, then headed by Sen. Panfilo Lacson, after the contractor was cited in contempt during the hearings on the flood control scandal.

The Pasay court ruled that the Senate did not commit grave abuse of discretion.

Discaya was recently ordered arrested by a court in Malolos City over his alleged link to an anomalous flood control project in Bulacan.