Sandiganbayan affirms cancellation of Zaldy Co's passport

The Sandiganbayan Fifth Division has sustained its December 2025 ruling ordering the cancellation of the passport of former Ako Bicol party-list Rep. Zaldy Co, and declaring him a fugitive from justice.

This came after the anti-graft court, in a January 8 decision, denied Co’s urgent motion for reconsideration of its December 10, 2025 resolution for lack of merit.

“Co, who continues to evade arrest and remains beyond the court's jurisdiction, is disentitled to seek affirmative relief, including the instant urgent motion for reconsideration,” the Sandiganbayan said.

Co, the former House appropriations panel chairperson, is facing two counts of graft and malversation charges in connection with the alleged P289-million substandard road dike project in Oriental Mindoro.

“In fine, accused Co's claimed denial of due process cannot be entertained. Being a fugitive from justice, accused Co is without standing to seek affirmative relief from this court," the court said.

"His Urgent Motion for Reconsideration, and the ancillary reliefs prayed for therein, must therefore fail,” it added.

The Sandiganbayan said that while it did not explicitly use the term “fugitive disentitlement doctrine” in Co’s case, both the Rules of Court and jurisprudence recognize its application in the Philippine context.

According to the Sandiganbayan, the present Rules of Court recognize the court’s authority to dismiss a case upon a convicted appellant’s escape, “because evasion from the court's jurisdiction effectively results in a waiver of any right to seek judicial relief.”

“It would be the height of inequality to ask the courts to consider one's case and rule in his or her favor while simultaneously demonstrating contempt for the court's authority by absconding,” the court said.

“Thus, the court finds it high time to also apply such a mandate to those who have committed a crime or are suspected of committing a crime, and have fled outside the Philippines' jurisdiction,” it added.

The Sandiganbayan said that adopting such a mandate would strengthen the justice system and due process rights to which both the accused and the State are equally entitled.

"Accordingly, premises considered, the urgent motion for reconsideration filed by Rondain & Mendiola (counsels) for (the) accused...is denied for lack of merit,” it added.

Co, who has yet to return to the country since being linked to the flood control controversy, has maintained his innocence over the allegations and charges filed against him.

In a separate statement, former Justice Secretary and House Deputy Minority Leader Leila de Lima of the ML party-list said the administration of President Ferdinand Marcos Jr. should seek Co’s deportation so he can face the criminal charges against him.

This is in light of the statement of Interior and Local Government Secretary Jonvic Remulla that Co is in Portugal, even as this has yet to be confirmed by Portuguese authorities.

“What is more reasonable at this point is to negotiate with Portugal for Zaldy Co’s deportation to the Philippines. An extradition treaty is not indispensable for the return of a fugitive to his country,” De Lima said.

According to De Lima, an extradition treaty merely compels the requested country to comply with its treaty obligation to surrender a fugitive found within its territory.

She said Portugal’s deportation of Co to the Philippines can be immediately negotiated through diplomatic channels, even without the formality of an extradition treaty.

De Lima added that this deportation option should have long been pursued by the Department of Foreign Affairs (DFA).

“If this logical and uncomplicated option is not yet being explored by the DFA weeks after the cancellation of Co’s passport, then our confidence in this administration’s capacity to bring Co to justice is all the more diminished,” she said.—MCG, GMA Integrated News