MANILA — The Sandiganbayan has reaffirmed the cancellation of former Ako Bicol party-list representative Zaldy Co’s passport, reiterating that he remains a fugitive from justice as he continues to evade arrest in connection with graft and malversation charges over a controversial P289-million flood control project.
In a ruling dated January 8, the anti-graft court’s Fifth Division denied Co’s urgent motion for reconsideration, finding no basis to overturn its December 10, 2025 resolution that ordered the revocation of his travel document.
“Co, who continues to evade arrest and remains beyond the court’s jurisdiction, is disentitled to seek affirmative relief, including the instant urgent motion for reconsideration,” the court said.
Co, a former chair of the House appropriations committee, is facing two counts each of graft and malversation arising from the alleged implementation of a substandard road dike project in Oriental Mindoro.
In sustaining its earlier ruling, the Sandiganbayan said Co could not invoke violations of due process while refusing to submit himself to the court’s authority.
“In fine, accused Co’s claimed denial of due process cannot be entertained. Being a fugitive from justice, accused Co is without standing to seek affirmative relief from this court,” the ruling stated.
“His Urgent Motion for Reconsideration, and the ancillary reliefs prayed for therein, must therefore fail,” it added.
The court noted that while it did not expressly cite the “fugitive disentitlement doctrine” in its earlier resolution, Philippine jurisprudence and the Rules of Court recognize the principle, particularly in cases involving parties who evade the court’s jurisdiction.
Under existing rules, the Sandiganbayan said courts are authorized to dismiss appeals when a convicted appellant escapes, stressing that “evasion from the court’s jurisdiction effectively results in a waiver of any right to seek judicial relief.”
“It would be the height of inequality to ask the courts to consider one’s case and rule in his or her favor while simultaneously demonstrating contempt for the court’s authority by absconding,” the court said.
“Thus, the court finds it high time to also apply such a mandate to those who have committed a crime or are suspected of committing a crime, and have fled outside the Philippines’ jurisdiction,” it added.
The anti-graft court said enforcing the doctrine strengthens the justice system and safeguards due process for both the State and the accused.
“Accordingly, premises considered, the urgent motion for reconsideration filed by Rondain & Mendiola (counsels) for (the) accused…is denied for lack of merit,” the ruling read.
Co has not returned to the Philippines since being linked to the flood control controversy and has repeatedly denied the accusations against him. He is believed to be in Portugal./PN
