Since resigned congressman Zaldy Co -- who has been charged in court with graft and non-bailable malversation of public funds -- is still a fugitive from justice, he is not entitled to any judicial relief, the Sandiganbayan declared.

With its declaration, the anti-graft court denied Co’s appeal to reconsider the cancellation of his passport and the court’s ruling that he is a fugitive from justice.

"It is undisputed that accused Co remains beyond the reach of the court. He has not voluntarily surrendered or submitted to arrest. Thus, the court maintains that accused Co lacks the requisite legal standing to invoke the court's processes as long as he remains a fugitive," the anti-graft court said.

Earlier, the Supreme Court (SC) ruled that fugitives from justice are persons who evade criminal prosecution before the courts and those who flee after conviction to avoid the punishment imposed on them.

The SC stressed that fugitives from justice are barred from seeking judicial relief unless they voluntarily surrender.

The Sandiganbayan said it finds it proper and imperative to apply the doctrine to accused Co, who continues to evade arrest and remains beyond the court's jurisdiction. “His status renders him disentitled to seek affirmative relief, including the instant Urgent Motion for Reconsideration," it also said.

It ruled: "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. His Urgent Motion for Reconsideration, and the ancillary reliefs prayed for therein, must therefore fail."

In a resolution dated Jan. 8, 2026, the anti-graft court denied the motion for reconsideration filed by Rondain & Mendiola as counsel for Co.

The motion stated that Co was surprised to receive the Dec. 10, 2025 resolution of the court, which cancelled his passport because of his "deliberate refusal to submit to the lawful authority of the court."

It alleged that Co was not afforded the opportunity to comment or oppose the resolution, and argued that the court was misled into believing that he did not file a comment or opposition.

The truth, the lawyers said, was that the prosecution deliberately delayed in providing Co with a copy of the motion in order to make it look like he did not file any comment.

But the Sandiganbayan found the arguments without merit.

The court said it was on Nov. 24, 2025 when the prosecution initially filed its Urgent Motion to Order the Cancellation of the Passport of Accused Co.

That same day, the court issued a resolution directing Co to file his comment or opposition within five days from notice, which was sent to his last known address.

Rondain & Mendiola filed its Entry of Appearance as counsel for Co on Nov. 26, 2025, but the court said this was merely noted as Co remains at large, it said.

The anti-graft court refused to entertain Co’s claim that he was denied due process as he continues to evade arrest and remains beyond the court's jurisdiction.

Until he surrenders, the court said that Co is disentitled to seek affirmative relief -- including his present motion.

The nine-page resolution was written by Fifth Division Chairperson Associate Justice Zaldy V. Trespeses with the concurrence of Associate Justices Gener M. Gito and Kevin Narce B. Vivero.

Aside from the graft charge faced by Co before the Fifth Division, he is also slapped with a non-bailable malversation of public funds through falsification before the Sixth Division and another graft charge before the Seventh Division.

On Nov. 21, 2025, the Sandiganbayan ordered the arrest of Co and 17 other officials of the Department of Public Works and Highways (DPWH) and directors of Sunwest Corporation who were charged with graft and malversation of public funds in the P289.5 million flood control project in Naujan, Oriental Mindoro.

On Dec. 10, 2025, the anti-graft court declared Co a fugitive from justice and ordered the cancellation of his passport.