Former Senate President Franklin Drilon said businessman Zaldy Co is unlikely to qualify as a state witness, stressing that legal requirements must be strictly met before an accused can be admitted into the government’s witness protection program.

In an interview, Drilon said Co’s alleged role in the corruption linked to the flood control controversy disqualifies him from turning state witness. “He is not qualified to be a state witness because the one who qualifies must be the least guilty. That means your participation in the crime is minimal. He was the leader, so he cannot be a state witness,” he said.

Drilon also explained that Co’s possible return to the Philippines depends on the laws of the Czech Republic, where he was reportedly detained. He clarified that Co was not arrested due to cases filed in the Philippines but was instead held for being an undocumented alien after his Philippine passport was canceled.

“He was not arrested because of cases in our country. He was detained because he was an undocumented alien. His passport was canceled, so he had no valid document when he entered Germany. That is why he was returned to the Czech Republic, where he came from,” he said.

He added that Co would likely undergo deportation proceedings, although the timeline and destination remain uncertain. “He will be deported, but how long that will take, I do not know because it depends on Czech law. As to where he will be returned, I also have no answer. That will depend on the laws of the Czech Republic,” Drilon said, noting that Co may still be able to appeal his deportation depending on legal remedies available.

On extradition and Interpol processes, Drilon said the existence of an extradition treaty does not automatically override a person’s rights. He explained that even if a red notice is issued, the individual can still go to court to question the deportation or the alert. “Even if there is an extradition treaty, a red notice from Interpol does not remove a person’s right to go to court and question the deportation or the red alert being issued,” he said.

Drilon further clarified that applying for political asylum does not guarantee immediate protection. He said asylum is granted only to those who can prove they are being persecuted due to political beliefs, and this determination is made by the courts of the country where the individual is detained.

“Political asylum is granted only to those who can prove they are being persecuted because of their political beliefs. If the reason is not political, then asylum will not be granted,” he said, adding that Czech courts would assess whether Co qualifies, including whether the cancellation of his passport had political grounds.