CA junks Discaya's appeal against Senate arrest: 'Defective and deficient'

The ruling

The Court of Appeals (CA) has rejected contractor Pacifico “Curlee” Discaya's attempt to reverse a trial court decision that kept him in Senate custody for almost nine months. In a June 4 resolution, the CA's Third Division dismissed his petition for certiorari — the wrong legal remedy, the court said. The ruling called it “procedurally defective and substantively deficient.”

Discaya should've filed a notice of appeal under Rule 41, Section 2(a) of the Rules of Court, not a certiorari petition, the justices explained. A certiorari is meant for grave abuse of discretion, not for appealing a trial court's ruling on a contempt order.

Who is Curlee Discaya?

Discaya is the owner of Curlee Construction, the contractor for the controversial P2.29-billion building project at the Bureau of Customs (BOC). The Senate blue ribbon committee cited him in contempt in September 2025 after he allegedly gave evasive answers during a hearing on the overpriced BOC building. He's been detained at the Senate since then — until his transfer to a Bulacan jail this week.

The BOC building project has been a hot topic in the Senate, with lawmakers questioning why a simple construction job ballooned to billions of pesos. Discaya's company was the winning bidder, but senators suspected irregularities in the bidding and payment process.

What happens next?

Discaya remains in detention at the Bulacan Provincial Jail, where he was moved from the Senate just days ago. His legal team can still file an appeal — but they've got to use the right procedure this time. The CA ruling effectively upholds the trial court's decision that kept him locked up.

The Senate contempt order isn't a criminal conviction; it's a legislative power to compel testimony. But Discaya has been held since September 2025, and the CA's dismissal means he stays behind bars for now. His lawyers could also elevate the case to the Supreme Court, though that would take time.

The bigger picture

Discaya isn't the first contractor to face Senate wrath over the BOC building. Several other officials and private individuals have been cited for contempt in connection with the same probe. The Senate blue ribbon committee, led by Senator Francis Tolentino, has been investigating the project since early 2025, uncovering alleged overpricing, ghost deliveries, and questionable change orders.

The BOC building, located at the Port of Manila, was supposed to be a new headquarters for the agency. Instead, it became a symbol of alleged corruption in government procurement. The total contract price of P2.29 billion was nearly double the original budget, according to whistleblowers.

For ordinary Filipinos, the case is another reminder of how legislative inquiries can actually hold powerful people accountable — even if the process drags on. Discaya's detention, now stretching into its tenth month, shows that Congress can flex its contempt power when witnesses aren't cooperative.