Sandiganbayan upholds passport cancellation, fugitive tag vs Zaldy Co

The Sandiganbayan Fifth Division has sustained its ruling canceling the passport of former Ako Bicol Party-list Rep. Elizaldy “Zaldy” Co and declaring him a fugitive from justice.

In an 8 January decision, the anti-graft court denied Co’s motion for reconsideration of its 10 December 2025 resolution for lack of merit.

Amid the charges against the former congressman, Co remains at large as the Sandiganbayan proceeds with the trial of other Department of Public Works and Highways officials allegedly involved in the Oriental Mindoro flood control case.

“Co, who continues to evade arrest and remains beyond the court’s jurisdiction, is disentitled to seek affirmative relief, including the instant urgent motion for reconsideration,” the Sandiganbayan said.

The former House appropriations chair is facing graft and malversation charges over an alleged P289-million substandard road dike project in Oriental Mindoro, linking him to Sunwest Construction.

“In fine, accused Co’s claimed denial of due process cannot be entertained. Being a fugitive from justice, accused Co is without standing to seek affirmative relief from this Court,” the anti-graft court said.

“His Urgent Motion for Reconsideration, and the ancillary reliefs prayed for therein, must therefore fail,” it added.

The Sandiganbayan noted that while it did not explicitly invoke the “fugitive disentitlement doctrine” in Co’s case, both the Rules of Court and jurisprudence recognize its application in the Philippine context.

The court cited provisions allowing the dismissal of cases when a convicted appellant “escapes.”

“Because evasion from the court’s jurisdiction effectively results in a waiver of any right to seek judicial relief,” the Sandiganbayan said.

It added that it would be a “height of inequality to ask the courts to consider one’s case and rule in his or her favor while simultaneously demonstrating contempt for the court’s authority by absconding.”

The anti-graft court said adopting this principle strengthens the justice system and due process, ensuring both the accused and the state are equally bound by the law.

“Accordingly, premises considered, the urgent motion for reconsideration filed by Rondain & Mendiola for the accused is denied for lack of merit,” the Sandiganbayan concluded.