The Sandiganbayan Fifth Division has denied the consolidation of the graft and malversation cases filed against former lawmaker Zaldy Co and nine Department of Public Works and Highways (DPWH) officials over the alleged anomalous flood control project in Oriental Mindoro.

In a resolution promulgated on 10 December 2025, the court noted that the prosecution had argued that both cases shared “the same sets of facts,” arose from “a series of transactions,” involved “the exact same parties,” and would rely on identical witnesses and documentary evidence.

“Given the identity of the parties, the factual background, the evidence to be presented, and the legal issues involved, the prosecution argues that separate trials for the two cases would be redundant, costly and time-consuming,” the resolution stated, citing the prosecution’s position.

The Sandiganbayan Sixth Division had earlier granted the consolidation request, ruling that merging the cases would “serve the highest interest of justice, promote judicial economy, expedite the resolution of the charges, prevent the repetition of evidence, and avoid the possibility of conflicting factual findings or rulings on the same set of facts.”

However, the Fifth Division affirmed the opposition raised by several accused, who insisted the cases should be tried separately, arguing that consolidation would impair their constitutional right to a speedy trial.

“In the present case, all the accused who have submitted to the jurisdiction of this court unanimously argue that the requested consolidation shall impinge on their right to a speedy trial. We agree,” the Fifth Division said.

The court added that it had already set multiple dates for the marking of exhibits for the graft case: 19 and 26 January 2026, and 5, 12, 19, and 26 February 2026. Consolidating with the Sixth Division’s malversation case, it said, would further delay both proceedings.

“In compliance with this directive, it bears stressing that the Fifth Division has already made settings for SB-25-CRM-0039 (Graft)… Consolidating SB-25-CRM-0039 with SB-25-CRM-0041 (Malversation), instead of expediting the trial of both cases, may necessarily delay both,” it stated.

“We deny the Prosecution's motion to consolidate and must respectfully decline the Sixth Division's Order providing for the consolidation of SB-25-CRM-0041 with SB-25-CRM-0039.”

Meanwhile, the Sixth Division, chaired by Associate Justice Sarah Fernandez, terminated pre-trial proceedings for the malversation case on 11 December 2025. The bail trial will begin on 8 January 2026. Both parties were given until 16 December to compare documents for possible stipulations.