SC to tackle Zaldy Co's petition vs criminal cases filed by Ombudsman
The Supreme Court (SC) will tackle during its full court session on Wednesday, Feb. 4, the petition of former congressman Zaldy Co who challenged the legality of his indictment in the P289.5 million flood control project in Naujan, Oriental Mindoro.
Co alleged before the SC that he was deprived his right to due process when the Office of the Ombudsman filed graft and non-bailable malversation of public funds against him before the Sandiganbayan last Nov. 14, 2025.
He pleaded the SC for the issuance of a temporary restraining order (TRO) that could stop the proceedings before the Sandiganbayan.
He also sought the nullification of the charges filed against him.
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.
Aside from Co, also ordered arrested were DPWH Region IV-B Director Gerald A. Pacanan, Assistant Regional Director Gene Ryan A. Altea, Assistant Regional Director Ruben C. Santos, Jr., Construction Division Chief Dominic G. Serrano, Project Engineer III Felisardo S. Casuno, Materials Engineer Timojen A. Sacar, Planning and Design Division OIC-Chief Montrexis T. Tamayo, Maintenance Division Chief Juliet C. Calvo, Quality Assurance and Hydrology Division OIC-Chief Dennis P. Abagon, Accountant IV Lerma D. Cayco, bids and awards committee member Grace D. Lopez, BAC vice chairperson Friedrich Karl L. Camero, President and Chairperson of Sunwest Board of Directors Aderma Angelie D. Alcazar, Treasurer Cesar X. Buenaventura, and members Consuelo D. Aldon, Engr. Noel Y. Cao, and Anthony L. Ngo.
Co has been out of the country since July 2025. Published reports stated that Co signed his petition in Sweden.
After the issuance of the arrest order, the anti-graft court then declared Co a fugitive from justice and thereafter ordered the cancellation of his passport.
On Jan. 8, 2026, the Sandiganbayan denied the motion for reconsideration filed by Co through the Rondain & Mendiola law offices.
In denying the motion, the anti-graft court ruled that since Co is still a fugitive from justice, he is not entitled to any judicial relief.
Earlier, the SC had 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 have been arrested based on a court warrant or they have voluntarily surrendered.
Several lawyers, who requested anonymity, said that the SC discussion on Co’s petition in the full court session is part of due process.
Some of them said the SC is expected to direct the Office of the Ombudsman to comment on the petition which should specifically detail the status of the cases before the Sandiganbayan and to report on the status of the arrest order against Co.
Still, some lawyers said, a TRO on Co’s petition “is highly improbable.”