The preliminary investigation against resigned party-list Representative Zaldy Co and other respondents named in the flood control controversy begins on Monday, 5 January 2026, the Department of Justice (DOJ) said.

This was according to DOJ spokesperson and Assistant Secretary Atty. Raphael Niccolo L. Martinez, who said that no counsel appeared for Co.

However, Martinez said the proceedings will continue, and Co was given until 15 January to file his counter-affidavit.

Officials of the Department of Public Works and Highways (DPWH), who were not identified by Martinez, were named as Co’s co-respondents. The amount involved in the plunder charge was also not disclosed.

Under Republic Act No. 7080, or the Anti-Plunder Act, the crime of plunder is committed by a public official who, alone or with others, amasses at least P75 million (originally P50 million) in ill-gotten wealth through a series of criminal acts such as illegal use of funds, accepting kickbacks, or taking advantage of their position. A conviction is punishable by life imprisonment.

The Sandiganbayan, last 21 November, ordered the arrest of Co and 17 officials of the Department of Public Works and Highways (DPWH), as well as directors of Sunwest Corporation, who were charged with graft and malversation of public funds in connection with the P289.5 million flood control project in Naujan, Oriental Mindoro.

The embattled Co has been out of the country since July last year, and with the arrest order issued against him and his failure to surrender or be arrested, he has been declared a fugitive from justice.

Also charged before the anti-graft court, aside from Co, were DPWH Region IV-B Director Gerald A. Pacanan; Assistant Regional Director Gene Ryan A. Altea; Assistant Regional Director Ruben C. Santos Jr.; Construction Division Chief Dominic G. Serrano; Project Engineer III Felisardo S. Casuno; Materials Engineer Timojen A. Sacar; Planning and Design Division OIC-Chief Montrexis T. Tamayo; Maintenance Division Chief Juliet C. Calvo; Quality Assurance and Hydrology Division OIC-Chief Dennis P. Abagon; Accountant IV Lerma D. Cayco; bids and awards committee member Grace D. Lopez; BAC Vice Chairperson Friedrich Karl L. Camero; Sunwest Corporation President and Chairperson of the Board of Directors Aderma Angelie D. Alcazar; Treasurer Cesar X. Buenaventura; and board members Consuelo D. Aldon, Engr. Noel Y. Cao, and Anthony L. Ngo.