Pasay court junks Discaya’s habeas corpus plea

MANILA, Philippines — Contractor Curlee Discaya will remain in Senate custody after a Pasay court junked his habeas corpus petition.

Discaya’s lawyer, Cornelio Samaniego III, confirmed this development to The STAR yesterday, with Judge Melvin Cydrick Bughao of Pasay Regional Trial Court Branch 498 dismissing the petition for “misjoined cause of action.”

“It is evident that while petitioner seeks to question the legality of his detention via the instant habeas corpus petition, he likewise seeks to question the legality of his contempt citation… which is a matter proper under a petition for certiorari,” the court ruled.

In an interview with “Balitanghali” on GTV, Samaniego said he respects the decision of the court.

“But we have other legal options to make so that our client’s rights won’t be neglected,” he added.

Discaya filed a writ of habeas corpus to free him from Senate detention after the Blue Ribbon committee cited him in contempt last month due to inconsistent testimony.

Also cited in contempt by the panel were dismissed Bulacan engineers Henry Alcantara, Brice Hernandez and Jaypee Mendoza.

Bughao wrote in the 15-page ruling that Discaya failed to justify why the contempt order lacked legal basis.

“Petitioner’s protestations that the contempt order was issued without due process are belied by the fact that he was afforded the opportunity to explain why he should not be cited in contempt,” the judge said.

Discaya recently appeared before the Independent Commission for Infrastructure (ICI) with his wife, Sarah, where they ceased cooperation after hopes of obtaining a favorable recommendation to become state witnesses were dashed.

ICI executive director Brian Keith Hosaka confirmed Samaniego’s statement that the Discayas requested a seven-day furlough to gather all documents that the commission requested.

Hosaka said it’s up to the controversial couple if they still want to disclose the names of politicians they were supposed to meet.

“Like any other individual in this room or in the country, any information, as long as it’s verified, it’s the truth, meaning it’s reliable, then we will take it, and we will appreciate any information with regard to these projects so that we’ll be able to see what the truth is,” he said.