Zaldy Co yet to answer complaint linking him to flood control mess —Clavano

Former Ako-Bicol party-list Rep. Zaldy Co is yet to answer allegations on his alleged involvement in the anomalous  P289.5 million flood control project in Oriental Mindoro, Assistant Ombudsman Mico Clavano said Monday.

Clavano was referring to the Independent Commission for Infrastructure (ICI) referral to the Ombudsman seeking graft, malversation, and falsification charges against Co and other Department of Public Works and Highways officials over their alleged links to the road dike project along the Mag-Asawang Tubig River in Naujan, Oriental Mindoro.

“The order to file a counter affidavit was given to Elizaldy “Zaldy” Co, but the recipient refused to accept. This remark means that the place…the last place or the last residence of former Congressman Co was used in the delivery of the order, and yet the persons who received it on his behalf refused to accept the order,” Clavano said in a press conference.

“But usually po, what happens in that situation, it's deemed received already. If the period [to file the counter-affidavit] had already lapsed, then we will consider the person, in this case, former Congressman Zaldy Co as in default, meaning, nawe-waive po ‘yung karapatan niya na mag file ng counter-affidavit kung nasaan ang laman po kasi nun ay mga defense niya,” he added.

(Without filing a counter-affidavit, he would waive his right to defend himself from the allegations.)

Clavano said that while Co is overseas, he can still file his sworn counter-affidavit before any Philippine embassy.

He said the Ombudsman won’t wait for Co’s reply longer than it should.

If Co fails to file a counter-affidavit, Clavano said the Ombudsman will resolve the complaint against him without the former lawmaker’s defense.

“In that case, the complaint affidavit of the complainant, iyon po ang magiging basis na po ng prosecutor doon sa kanyang resolution, whether or not there is probable cause, or ‘yung prima facie case with reasonable certainty of conviction,” he said.

(In that case, the government prosecutors will make a decision based on the complaint affidavit of the complainant, whether or not there is probable cause or prima facie case with reasonable certainty of conviction.)

“I believe this order [for Co to file a counter-affidavit] was delivered last week,” Clavano added.

Co resigned from his post as a lawmaker last September in the aftermath of multiple allegations of him being involved in the flood control mess.

He has consistently denied these accusations and vowed to address them in a proper forum.—AOL, GMA Integrated News