The Office of the Ombudsman (OMB) warned resigned congressman Zaldy Co that his refusal to file his counter-affidavit will automatically place him in default that will waive his right to present his evidence as respondent in the flood control mess.

Assistant Ombudsman Mico Clavano said the OMB knows that Co is out of the country and constantly changing his locations.

Clavano said the OMB still served the subpoena on Co in his last known address as part of due process.

"We have to try. That's the spirit of the law. You have to serve it diligently," he said.

Co, who is the founder of Sunwest Realty and Development Corporation (SRDC), is the subject of several investigations being conducted by the OMB on the flood control mess.

One of the cases involving Co's Sunwest was Contract ID No. 24E00047 of the Department of Public Works and Highways (DPWH) Region IV-B, which involved the questionable P289.5 million flood control projects in Naujuan, Oriental Mindoro in 2024.

The Independent Commission for Infrastructure (ICI) said in the report it submitted to the OMB that the project was "grossly substandard and not in line with required specifications," with steel sheet piles falling short of the required length indicated in the contract agreement.

The contract is part of the Sustainable Infrastructure Projects Alleviating Gaps (SIPAG)-Flood Mitigation Structures Protecting Major/Strategic Public Buildings/Facilities-Construction of Road Dike along Mag-Asawang Tubig River, Barangay Tagumpay, Naujan, Oriental Mindoro, which has an approved budget of P289,499,999.99.

The contract, which started on March 2, 2024, was reported to be 92.3 percent completed. However, when Secretary Vince Dizon and Mindoro Provincial Gov. Humerlito A. Dolor conducted an ocular last Sept. 9, 2025, they found that substandard steel sheet piles were used and the length required was not met.

The ICI then submitted its findings to the OMB for preliminary investigation and filing of the criminal charges in court.