Metro Manila, Philippines – The anti-graft court has denied the privileges of key suspects in the flood control scam – former AKO BICOL Party-list Rep. Zaldy Co and three members of the board of directors of Sunwest Inc. – in declaring them “fugitives from justice,” including ordering the Department of Foreign Affairs (DFA) to cancel their passports.
In a resolution dated Dec. 10, the Sandiganbayan 5th Division granted the prosecution’s motion to tag Co as a fugitive for intentionally evading justice.
The division, chaired by Associate Justice Zaldy Trespeses, cited Co’s failure to submit to court jurisdiction as one of the grounds for granting the motion.
The court said the warrant of arrest against Co remains unserved as he is still abroad.
“The prosecution established a pattern of non-compliance and avoidance that demonstrates an intent to evade prosecution,” the resolution read, noting Co’s non-compliance with the House of Representatives to return to the country, his refusal to the subpoena of the Independent Commission for Infrastructure, and his non-submission of a counter affidavit with the ombudsman.
The Sandiganbayan said canceling Co’s passport would facilitate the serving of the arrest warrant.
It also noted that while it allows the entry of appearance of his counsel and other submissions for Co to be on record, these submissions are “merely noted considering that the accused is not entitled to seek judicial relief.”
Meanwhile, the court also tagged as fugitives the following board members of government contractor Sunwest Inc., who remain at large:
- Aderma Angelie Salazar
- Cesar Buenaventura
- Noel Cao
“To date, herein accused remain at large despite being constructively aware through media coverage of the filing of the information and issuance of warrants of arrest against them,” a separate resolution read, noting that agents from the National Bureau of Investigation failed to serve the warrants to the last known address of the accused.
Co and the Sunwest officials are facing graft and non-bailable malversation charges before the anti-graft court over a P290-million substandard road dike in Oriental Mindoro.
Only nine of the 16 accused in the case – all officials of the Department of Public Works and Highways — are under government custody.
