Dismissed Ako Bicol Partylist Rep. Zaldy Co will return to the country only if the government guarantees his safety, his lawyer said Sunday, as police moved to serve an arrest warrant at his Bonifacio Global City unit despite reports he is abroad.

Atty. Ruy Rondain said Co fears he “would be killed in jail” if he surrenders, adding that his client would come home only if granted house arrest or bail and given iron-clad assurances of protection.

Earlier, Rondain said Co remains adamant about returning because of the threat to his life, and that he would not advise him to come home under the present circumstances.

He said they also expected criminal charges to be filed against Co in connection with alleged ghost flood control projects.

The government has filed malversation and two counts of graft against Co over the alleged substandard P289-million road dike project in Oriental Mindoro built by Sunwest Construction, a firm owned by members of Co’s family.

Arrest warrants have been issued by the Sandiganbayan against Co and 17 others in connection with the P289-million road dike project in Naujan, Oriental Mindoro.

Co, who served as House appropriations panel chairperson from 2022 to 2024 before resigning due to health reasons, is being pressed by the government to return and face the charges.

Rondain said Ombudsman Jesus Crispin Remulla had promised to escort Co from the plane, have police wear body cameras, and bring him to an armored vehicle.

But Co’s camp said this remains insufficient because of concerns about where he might be detained, which they fear could expose him to harm. Rondain warned that his client “might get shot while in detention,” which is at the core of their refusal to advise him to return.

The tension escalated after Taguig Police attempted Saturday to serve Co’s arrest warrant at his BGC condominium unit.

‘Ikulong si Marcos’

Rep. Kiko Barzaga criticized the move, saying: “PNP is so smart, they know Zaldy Co is out of the country and yet they still went to his condo in BG #IkulongSiMarcos.”

However, lawyer and content creator Race del Rosario countered that the police acted correctly.

“Congressman Kiko Barzaga mocked the PNP for serving the arrest warrant at Zaldy Co’s condo even though Co was reportedly abroad. But legally speaking, what the PNP did was correct,” he said.

Del Rosario explained that police are obligated to attempt service at the respondent’s last known address when a court issues a warrant. He added that officers “cannot rely on Facebook posts, travel rumors, or public statements” about someone being overseas.

“They need official confirmation, usually from the Bureau of Immigration, before they can treat a person as being out of the country. Until then, the accused is presumed to still be within Philippine jurisdiction,” he said.

The procedure mirrors what the Office of the Ombudsman did earlier when it attempted to serve a directive for Co to file a counter-affidavit.

“An order to file a counter affidavit was given to Elizaldy ‘Zaldy’ S. Co., but the recipient refused to accept,” Assistant Ombudman Mico Clavano said on 3 November.

“What I think this remark means is that the last place or the last residence of former congressman Co was used in the delivery of the order and yet the persons who received it on his behalf refused to accept the order,” Clavano said.

According to Del Rosario, attempts to serve documents at Co’s last known address not only follow procedure but also strengthen the record for possible immigration lookout, hold departure, or even extradition processes.

“So from a legal standpoint, the PNP acted within the rules. They followed the mandate of the warrant, exhausted the known address, and documented their efforts,” Del Rosario said.

“Mocking them for doing required procedure may sound witty online, but it misleads the public about how arrest warrants actually work,” he added.