The Sandiganbayan has affirmed the denial of the bail petitions filed by the nine co-accused of resigned congressman Elizaldy Co in the non-bailable malversation of public funds case that was filed in the “anomalous” P289.5 million flood control project in Naujan, Oriental Mindoro.

Denied by the anti-graft court’s sixth division were the separate motions for reconsideration 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, Project Engineer III Felisardo S. Casuno, Accountant IV Lerma D. Cayco, Maintenance Division Head Juliet Calvo, officer-in-charge Chief of Quality Assurance and Hydrology Division Dennis Pelo Abagon, and Planning and Design Division officer-in-charge Montrexis Tamayo.

In a resolution issued last March 31, the court denied the motions for “lack of merit.”

The court said: “The Court reiterates that the ruling herein is not a pre-judgement of the guilt of the said accused. The Court merely determined the weight of the evidence for the purposes of bail.”

The resolution was written by Sixth Division Chairperson and Associate Justice Sarah Jane T. Fernandez and concurred in by Associate Justices Kevin Narce B. Vivero and Lord A. Villanueva.

On Nov. 21, 2025, the Sandiganbayan ordered the arrest of Co and 17 other officials of the DPWH in Region IV-B and directors of Sunwest Corporation, the contractor of the project in Naujan town.

Co has been out of the country since July 2025.

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.

The nine DPWH officials have already been arraigned on the malversation case and pleaded "not guilty."

Since no bail was recommended, 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.

In its resolution, the court said: “The prosecution’s evidence, however, was able to establish a prima facie case from the best evidence available” as it pointed out that Casuno and Pacanan should “present evidence to disprove the same.”

Citing past Supreme Court (SC) rulings and the Local Government Code, the court explained: “As discussed in the assailed resolution (March 10), accused Serrano, Cayco, Pacanan, Altea, and Santos, who made their respective certifications and approvals in the pertinent disbursement vouchers, had to act together to disburse the funds of the DPWH. Without any of the said certifications or approvals, the DPWH’s funds could not have been disbursed. Having collective custody or control of the funds of the DPWH, they are considered as accountable officers.”

It also said: “The rest of the accused’s arguments are merely a substantial reiteration or rehash of their previous arguments in their respective memoranda. The Court had already addressed them in the assailed Resolution, or considered the same, and found them to be without merit. It is unnecessary to discuss them anew.”