PNP followed legal procedure in serving arrest warrant on Co, attorney says

Following the attempt of Taguig Police on Saturday to serve former Ako Bicol Party-list Rep. Elizaldy “Zaldy” Co his arrest warrant in his unit at Bonifacio Global City despite his supposed absence from the country, Rep. Kiko Barzaga criticized the Philippine National Police.

“PNP is so smart, they know Zaldy Co is out of the country and yet they still went to his condo in BG #IkulongSiMarcos,” Rep. Kiko sarcastically said in Filipino in his social media post.

However, attorney and content creator Race Del Rosario explained that what the PNP did was legally correct.

“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,” Atty. Del Rosario said.

The lawyer explained that when a court issues an arrest warrant, the police are obligated to attempt service at the last known address of the respondent. Furthermore, Del Rosario highlighted that the PNP 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,” the lawyer explained.

To recall, during the time when the Office of the Ombudsman attempted to request the counter affidavit of Zaldy Co, a similar procedure was exercised by the agency, in which they tried the last known addresses of the former lawmaker but noted that the recipients on his behalf refused to accept the order.

“An order to file a counter affidavit was given to Elizaldy ‘Zaldy’ S. Co., but the recipient refused to accept,” AO Clavano said on 3 November, citing the note on the complaints against Co.

“So 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,” AO Clavano explained.

According to Atty. Del Rosario, aside from the fact that it serves as a standard procedure, the attempt to serve the warrant at his last known address strengthens the record for possible immigration lookout, hold departure, or even future extradition processes for Zaldy Co.

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