EXPLAINER: How PH gov't can get Zaldy Co without an extradition treaty

Zaldy Co, the former chairperon of the House panel that handles national funds and a key figure in the flood control controversy, was arrested in Prague on Thursday evening.

President Ferdinand Marcos Jr. has said that the government is coordinating with Czech authorities to arrange for his return. Interior Secretary Jonvic Remulla said Co is being held at an immigration detention facility.

But how will this be possible without an extradition treaty with the Czech Republic?

Deportation

International Law Professor and San Sebastian Graduate School of Law Dean Rodel Taton said that Co may be deported back to the Philippines as he was arrested without proper documentation.

According to Taton, Co’s entry into Prague is a violation of Immigration Laws.

“Deportation is proper procedure for him for violation of the Immigration Laws and it can be the menace to local authorities, pwede siyang ibalik sa Pilipinas (he can be returned) by the process of deportation,” Taton told Super Radyo dzBB.

“Ang deportation, meaning it is unilateral, meaning it is an action by the state kung saan siya nakita,” he added. 

(Deportation means it is unilateral, meaning it is an action by the state where he was found.)

To recall, Co’s passport was canceled in December 2025 while the investigation into budget insertions and the flood control projects were ongoing. 

Extradition

Meanwhile, Taton said Co may still be extradited back to the country through a request from the Philippine government.

“Ang extradition naman it is a formal process kung saan ang Pilipinas, halimbawa, ay magre-request sa Prague or sa Czech Republic to surrender a fugitive for prosecutional punishment,” he said.

(Extradition, on the other hand, is a formal process where the Philippines, for example, will request Prague or the Czech Republic to surrender a fugitive for prosecution or punishment.)

“In the case of Zaldy Co, however, it is for prosecution because I understand that there are graft and malversation charges,” he added.

According to the lawyer, deportation may be faster than extradition.

However, Taton said that Co may also face charges in Prague for illegal entry.

“Illegal entry is really a violation of Immigration Laws, and pwede siyang kasuhan ng kriminal, pwede kasuhan ng administrative in relation to the deportation processes,” he said.

(Illegal entry is really a violation of Immigration Laws, and he can be charged criminally, he can be charged administratively in relation to the deportation processes.)

When asked if Co may still be extradited or deported while a complaint or case against him in Prague is ongoing, the lawyer said that a deportation is unilateral.

“Meaning sa kanila ‘yun [na] aksyon. Pero sa atin namin, the Philippines can always file an extradition request,” he said.

(Meaning that action is theirs. But on our end, the Philippines can always file an extradition request.)

Obstacles

When asked about the possible obstacles to Co's return to the country, Taton said the former lawmaker may seek asylum in the Czech Republic.

“He can seek asylum and file for a refugee status there on the basis of unfounded fear, of being persecuted on account of his political opinion,” he said.

“Again, it’s a matter of argument kasi hindi naman ito case of persecution but prosecution. Prosecution because of graft. Pero ‘yun yung ano niya—  Baka pwedeng, probably ‘yun ‘yung gagamitin niya,” he added.

(Again, it’s a matter of argument because this is not a case of persecution but prosecution. Prosecution because of graft. But that might be what he— maybe that’s what he will use.)

Taton stressed that an individual applying for asylum may not be returned to his country of origin while the process is ongoing. 

Local Charges

Co is facing charges of graft and malversatio in connection with an alleged substandard P289 million flood control project in Naujan, Oriental Mindoro.

He has denied the allegations against him.

In March, the Sandiganbayan upheld its declaration that Co is a fugitive from justice.

Meanwhile, Co previously released a series of videos on social media accusing Marcos and former House Speaker and Leyte Representative Martin Romualdez of being behind the corruption.

In his videos, he claimed that Marcos orchestrated P100 billion in “fund insertions” in the proposed 2025 national budget, that the President received 25% of the P100 billion as kickbacks, and accused Marcos and Romualdez of receiving up to P56 billion in kickbacks from flood control projects.

Both Marcos and Romualdez have denied the allegations. — RSJ, GMA News