Ombudsman: Zaldy Co’s SC petition a dilatory tactic

Assistant Ombudsman Atty. Mico Clavano shrugged off the petition filed before the Supreme Court (SC) by fugitive from justice and resigned congressman Zaldy Co, which seeks to stop the Office of the Ombudsman from prosecuting him.

Clavano said the petition “is nothing but a dilatory tactic.”

“The Office of the Ombudsman will not be distracted by dilatory tactics meant to derail the in-depth investigation into Co’s illegal and corrupt acts. We will stay focused,” Clavano said.

In his petition, Co asked the High Court to review the Ombudsman’s finding of probable cause over alleged flood control project anomalies.

In his plea, Co raised procedural issues, including the conduct of the preliminary investigation, access to official records, and the basis of the Ombudsman’s conclusions.

The case now places the spotlight on due process and prosecutorial discretion as the High Court determines whether the assailed resolution should be set aside.

Co, in his SC petition officially released by the High Court on Thursday, 29 January 2026, pleaded for a temporary restraining order (TRO) to stop the enforcement of the 14 November 2025 Ombudsman resolution ordering the filing of graft and non-bailable malversation of public funds charges against him and several co-accused before the Sandiganbayan.

Co’s arrest, along with 17 other officials of the Department of Public Works and Highways (DPWH) and directors of Sunwest Corporation, was ordered by the Sandiganbayan on 21 November 2025 after charges of graft and malversation of public funds were filed over the P289.5 million flood control project in Naujan, Oriental Mindoro.

Aside from Co, those ordered arrested were DPWH Region IV-B Director Gerald A. Pacanan; Assistant Regional Directors Gene Ryan A. Altea and 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 Board of Directors President and Chairperson Aderma Angelie D. Alcazar; Treasurer Cesar X. Buenaventura; and members Consuelo D. Aldon, Engr. Noel Y. Cao, and Anthony L. Ngo.

Co has been out of the country since July 2025.

Following the issuance of the arrest order, the anti-graft court declared Co a fugitive from justice and subsequently ordered the cancellation of his passport.

On 8 January 2026, the Sandiganbayan denied the motion for reconsideration filed by Co through the Rondain & Mendiola law offices.

In denying the motion, the anti-graft court ruled that since Co remains a fugitive from justice, he is not entitled to judicial relief.

The SC has previously ruled that fugitives from justice are persons who evade criminal prosecution before the courts or flee after conviction to avoid punishment.

It stressed that fugitives from justice are barred from seeking judicial relief unless they voluntarily surrender.

In his SC petition, Co also pleaded for the nullification of the charges filed against him.

The SC has yet to confirm whether it has acted on Co’s petition.