The Sandiganbayan Sixth Division has denied a bid by a co-accused of former Ako Bicol party-list representative Elizaldy “Zaldy” Co to inhibit its justices from hearing their malversation case.

In a resolution dated June 17, the court denied former Department of Public Works and Highways Regional Director Gerald A. Pacanan’s motion for voluntary inhibition for lack of merit.

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

“In fine, accused Pacanan failed to prove bias or partiality on the part of this Court's justices. Hence, there is no valid ground for their voluntary inhibition,” the court said in the 21-page ruling.

Pacanan sought the inhibition of the Sixth Division justices, arguing that they had prejudged factual issues during bail proceedings, allowed the prosecution to deviate from procedural rules, and denied motions for leave to file demurrers to evidence.

However, the court stressed that “mere allegation of bias or partiality does not constitute just or valid reason for voluntary inhibition of a judge or justice.”

It added that allegations of prejudice must be supported by “clear and convincing evidence.”

The court also rejected Pacanan’s claim that the justices had prejudged factual issues during bail proceedings, saying courts may “arrive at conclusions of fact or make factual findings in bail proceedings” when determining whether the evidence of guilt is strong.

The malversation case through falsification of public documents stems from a P289.4-million Sunwest project, where Co is alleged to be a beneficial owner.