The flood control case involving former Ako Bicol representative Elizaldy “Zaldy” Co may be the first from the Office of the Ombudsman to reach the Sandiganbayan, as it is now submitted for resolution.

Ombudsman Jesus Crispin “Boying” Remulla said more than 10 individuals are expected to be named respondents in the case, including the former lawmaker, officials of the Department of Public Works and Highways (DPWH) in Region IV-B, and officials of Sunwest Construction, who may face malversation charges.

"In our view, the case against Elizaldy Co and the other officials of DPWH Region IV-B and those who comprise the Sunwest company will be filed first," Remulla stated in Filipino.

Co was among the first batch of names submitted for investigation by the Independent Commission for Infrastructure (ICI) in September. The case involves a P289.5-million flood control project in Naujan, Oriental Mindoro awarded to Sunwest Construction, a company linked to the former congressman.

Co is currently out of the country, reportedly in Spain and Portugal. According to Remulla, once the case reaches the Sandiganbayan, legal proceedings to cancel his passport may begin.

“That is likely where the passport cancellation will start. Because once that is filed with the Sandiganbayan, you will need a court order to cancel the passport,” Remulla explained in Filipino.

However, Remulla noted that efforts to compel Co’s return will differ from the case of former Negros Oriental Rep. Arnolfo “Arnie” Teves Jr., as Co’s departure was not considered undocumented, making the issuance of a red notice more complicated.

Remulla also said one of the strongest pieces of evidence is Co’s signature appearing on the project documents. He added that claims of divestment from Sunwest would not hold if ownership simply shifted within the family.

“It's easy to make the excuse that it digressed [or was divested], but if it still belongs to them, if it went to their child or their sibling, there is still a prohibited interest in that," he said in Filipino.

The Ombudsman also responded to Co’s legal counsel, who alleged the case had been “pre-judged.” Remulla rejected the claim.

“I am not a judge, we are not judges here. We are here to investigate graft and corruption and it is something that we have to do for the country, it is something that was given to us as a matter of law as our responsibility. That’s why pre-judging is a wrong term because our job is to prosecute people, it’s not to be judges,” Remulla said.