While legal luminaries debate the likely fate of fugitive former Ako Bicol Rep. Zaldy Co, complex geopolitical realities militate against his early return.

A seasoned jurist raised the possibility that, once the country of origin — the Czech Republic in this case — decides to deport Co, he might be sent not to the Philippines but to Portugal, where he holds an alternative passport.

“If his Philippine passport was merely revoked, it does not automatically mean loss of Philippine citizenship. If he is still legally Filipino (even without a passport), the foreign country can deport him to the Philippines, because the Philippines remains his state of nationality,” the source said.

If Co, however, renounced or lost his Filipino citizenship and is now a Portuguese citizen, then he is no longer a Philippine national.

“The foreign country cannot ordinarily deport him to the Philippines, because the Philippines has no obligation to accept a non‑citizen,” according to the legal luminary.

“He will be deported to Portugal as his country of citizenship,” he said.

Moreover, if he has dual citizenship (Philippine and Portuguese), the deporting state may choose either country, “but in practice, they usually deport to the country with a valid passport or travel document (Portugal), or the country that confirms acceptance more readily,” according to the source.

Another expert, former University of the East College of Law Dean Amado Valdez, said earnest negotiations with the Portuguese government may expedite Co’s repatriation.

“A passport is not the ultimate proof of citizenship. Prague will deport him to the Philippines pursuant to the warrant of arrest and the International Criminal Police Organization (Interpol) protocol, under agreements and treaties of amity and reciprocity among nations,” Valdez explained.

Besides, “he is a Filipino citizen under the principle of private international law.”

Czech’s call

In the Czech Republic, if Co was indeed arrested, he could choose his destination. Czech authorities could send him to Portugal since he holds a valid Portuguese passport and European Union‑linked residency rights.

If deported to Portugal, his return to the Philippines becomes far more difficult. Portugal generally does not extradite its nationals to non-EU countries, except in limited cases, such as those involving terrorism or organized crime, under specific treaties or through EU European arrest warrant procedures.

The Philippines has no extradition treaty, with Portugal, with Interior Secretary Jonvic Remulla describing a deportation from Portugal as “improbable.”

Philippine officials initially hoped Co would be deported within three weeks through direct coordination with Czech authorities. Experts, however, warned it could take months due to dual citizenship complications, possible court proceedings in the Czech Republic, and the required diplomatic negotiations.