Atty. Ruy Rondain, counsel of former Ako Bicol Representative Elizaldy “Zaldy” Co, said there is no legal basis to cancel his client’s passport, as Co has not been charged in court over allegations related to the Floodgate project.

The lawyer made the statement after a lawmaker called on government officials to cancel Co’s passport, suggesting that the matter could later be questioned in court. Rondain said that such actions cannot bypass the law.

“It is not that. We are not a communist state,” Rondain said.

Under the New Philippine Passport Act, a passport may only be canceled upon a court order when the holder has been convicted of a criminal offense; is a fugitive from justice; is a suspected terrorist charged under the Anti-Terrorism Act; has acquired the passport fraudulently, or when it has been tampered with or issued erroneously; or when the passport is returned to the Department of Foreign Affairs (DFA) by other government agencies.

Rondain said the DFA had explained that it could not cancel Co’s passport outright. He added that, since Co has not been charged in court and no evidence has been presented, he does not advise his client to return to the Philippines at this time.

Although Rondain confirmed he has spoken with Co by phone, he declined to reveal his client’s whereabouts. He also emphasized that Co cannot be considered a fugitive, as he left the country for medical reasons rather than to evade the law.

Rondain added that the threat to Co’s life over the flood control issue is a key concern, and his camp will wait for the situation to stabilize.