Another division of the Sandiganbayan has declared former congressman Zaldy Co a fugitive from justice as it ruled that he cannot participate in any court proceedings until his voluntary surrender.

In a resolution, the court’s sixth division granted the motion of Ombudsman prosecutors to declare Co a fugitive from justice.

Co and several co-accused were charged with non-bailable malversation of public funds which was raffled to the court’s sixth division.

They were also charged with graft and the case was raffled to the fifth division which had declared Co a fugitive from justice.

Co has been abroad since July 2025. He filed a petition before the Supreme Court (SC) challenging his indictment by the Office of the Ombudsman. The SC has yet to act on his petition that was signed in Sweden, based on published reports.

In granting the motion of the prosecution, the court’s sixth division ruled: “He (Co) cannot participate in the instant proceedings and seek any judicial relief from the Court, and is not entitled to notices, until his voluntary surrender."

The division, however, allowed Co’s lawyers to photocopy the entire records of the case.

The 16-page resolution was written by Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez with the concurrence of Associate Justices Kevin Narce B. Vivero and Lord A. Villanueva.

The resolution stated that Co's continued absence and his failure, if not refusal, to surrender or disclose his whereabouts despite knowledge of the present case against him clearly indicates his desire to evade law enforcement and the judicial processes.

While Co’s lawyers presented screenshots of what appears to be posts wishing harm on him and other personalities linked to the flood-control scam, the anti-graft court said these can hardly be considered credible threats.

Co is already facing a separate graft charge before the court’s seventh division.

His co-accused in the fifth and sixth Divisions are Department of Public Works and Highways (DPWH) Region IV-B Regional Director Gerald A. Pacanan III, Assistant Regional Director Gene Ryan A. Altea, Assistant Regional Director Ruben C. Santos Jr., Project Engineer III Felisardo S. Casuno, Materials Engineer Timojen A. Sacar, and Quality Assurance and Hydrology Division OIC-Chief, Accountant IV Lerma D. Cayco, Planning and Design Division OIC-Chief Montrexis T. Tamayo, Maintenance Division Chief Juliet C. Calvo, and the board of directors of Sunwest Corporation.

Nine DPWH officials have already been arraigned before the fifth and sixth divisions and pleaded "not guilty." They are Pacanan, Altea, Santos Jr., Serrano, Casuno, Cayco, Calvo, Abagon, and Tamayo.

Since no bail was recommended in the malversation case, the female accused are currently at Camp Karingal in Quezon City while the male accused are detained at the Payatas new jail facility, also in Quezon City.