The Sandiganbayan’s sixth division denied on Tuesday, March 10, the petitions for bail filed by eight co-accused of former congressman Zaldy Co in the malversation of public funds case in the anomalous flood control project in Naujan, Oriental Mindoro.

Denied were the petitions filed by Department of Public Works and Highways (DPWH)-Region IV-B Regional Director Gerald A. Pacanan, Assistant Regional Director Gene Ryan A. Altea, Assistant Regional Director Ruben D. Santos Jr., Construction Division Chief Dominic G. Serrano, Design Division officer-in-charge Montrexis Tamayo, Hydrology Division Chief Dennis Pelo Abagon, Maintenance Division Head Juliet Calvo, and Project Engineer III Felisardo S. Casuno.

Co and the eight co-accused were charged with violation of Article 217 in relation to Article 171(4) of the Revised Penal Code on malversation of public funds through falsification of public documents. No bail was recommended by the prosecution.

They were also charged with graft in the same flood control project.

In their petition, the co-accused argued that the evidence of guilt against them is not strong. They also alleged that the charges are based on mere speculations, and they insisted that the prosecution must prove the evidence against them in a summary hearing.

They added that they are not flight risks, and they collectively undertake to appear during trial and whenever required by the court.

Serrano and Calvo further appealed for humanitarian considerations as they are already senior citizens. Altea, on the other hand, said that his wife has recently been diagnosed with cancer, and he should be allowed to fulfill his marital obligations to her.

But the Sandiganbayan denied their petition. It said: “The court finds that accused Altea, Santos, Serrano, Tamayo, Abagon, Calvo, Cayco, Pacanan, and Casuno are not entitled to bail. It must be emphasized that the Court's ruling herein is not a prejudgment of the guilt of the said accused. The court merely determined the weight of evidence for the purposes of bail."

It also said: “There is nothing in the prosecution's evidence to show an actual agreement among the accused to cause the release of public funds to Sunwest, Inc. exceeding the amount it was actually entitled to. "However, the prosecution's evidence shows that the accused's combined acts were done pursuant to the accomplishment of the same object -- releasing the DPWH's funds to Sunwest, Inc. despite its failure to accomplish the works in compliance with the required specifications. Without any of the said accused's acts, the subject funds would not have been released to Sunwest, Inc."

The 41-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 female accused are currently detained at Camp Karingal in Quezon City, while the male accused are detained at the Payatas new jail facility, also in Quezon City.

Co has been out of the country since July 2025. He has not returned since then to face his cases in court.