Former lawmaker Elizaldy Co, who has been hiding abroad despite a warrant, has been declared a fugitive from justice by the Sandiganbayan, along with three board members of his allegedly-owned construction firm, Sunwest Inc. 

In separate resolutions dated 10 December, the Sandiganbayan Fifth Division granted the Ombudsman’s urgent ex parte to declare Co, Aderma Angelie Alcazar, Cesar Buenaventura, and Noel Cao—Sunwest’s board of directors — as fugitives for supposedly evading the arrest warrants issued by the court on 21 November.

The prosecution argued that the accused cannot plead ignorance of the pending warrant, considering the “highly publicized nature of this case,” which has been the subject of extensive media coverage.

“Notwithstanding and amidst the calls for their voluntary surrender, they choose to remain at-large. Therefore, they can now be considered fugitives from justice,” the resolution reads.

The same applies to Co, whom the prosecution alleged is “fully aware” of the warrant, citing persistent calls from the National Bureau of Investigation and the Department of the Interior and Local Government to surrender voluntarily.

The court defines “fugitive from justice” as someone who flees after being convicted or charged by a Philippine court to evade arrest or prosecution. 

Under the New Philippine Passport Act (RA 11983), only the Department of Foreign Affairs has the authority to cancel a passport, but it can also be done upon the orders of the court.

The grounds for this include being convicted of a criminal offense, being a fugitive from justice, and being a suspected terrorist.

The Sandiganbayan ruled that the prosecution presented sufficient grounds to deem Co and the three Sunwest board members as fugitives from justice, given that their whereabouts remain unknown despite the authorities' relentless efforts to serve the warrant at their respective residences.

“Considering that the warrants against them remain unserved, the intention to evade prosecution is unmistakable,” the court said. 

As a result, the Sandiganbayan ordered the DFA to immediately cancel the passports of Co, Alcazar, Buenaventura, and Cao. 

The warrant followed their indictment for two counts of graft and one count of malversation involving a “grossly substandard” flood control project in Oriental Mindoro, with a price tag of P289.5 million. 

The project in question was awarded to Sunwest, an Albay-based construction firm reportedly co-owned by Co.

He had long claimed that he had divested from the construction firm when he entered Congress in 2019, but official documents stated otherwise.

A review of the list of flood control projects on the “Sumbong sa Pangulo” website showed that Sunwest had secured nearly 80 projects from 7 July 2022 to 1 May 2025, amounting to approximately P10 billion.

Co left the Philippines in July for the United States to seek “medical treatment.” Despite legal orders, the embattled former solon has remained headstrong about staying abroad, citing serious concerns for his security.

Aside from the multi-billion-peso flood control scandal, Co is also facing charges of indirect bribery and malversation of public funds, among others, for his alleged role in “budget insertions” and kickbacks from anti-flood projects in Bulacan.