Former Ako Bicol Representative Zaldy Co is reportedly seeking refuge in France, a development expected to complicate efforts to bring him back to the Philippines to face proceedings before the Sandiganbayan.

In a radio interview, law expert Ralph Sarmiento said Co’s reported application for political asylum does not make his return impossible, but will delay and complicate the legal process.

“The ground for an application for asylum is a well-grounded fear of persecution on the basis of either political, religious or your opinions or when there is a serious danger to his life,” Sarmiento said.

He explained that once an application is filed, it becomes a pending case subject to evaluation, with protection only taking effect upon the issuance of an asylum application certificate.

Co would then have 21 days to submit a sworn narrative to support his claim, establishing a well-founded fear of persecution or risk of serious harm if returned to the Philippines.

French authorities typically have up to six months to decide on asylum applications, although recent data places the average processing time at around 138 days.

Sarmiento noted that while Philippine authorities would likely be informed if Co has filed an application, their role would be limited to coordination, such as providing court records, as the matter is primarily between the applicant and the host country.

He added that applicants may seek either refugee status, which requires proof of persecution based on specific grounds, or subsidiary protection, which applies when there is a credible threat of serious harm upon return.

A pending Interpol red notice against Co further complicates the situation, but Sarmiento clarified that it does not automatically override an asylum application.

“The red notice, once it is issued, it does not also automatically prevail over the asylum application, both will be evaluated together,” he said.

He explained that a red notice is only a request for member states to locate and provisionally arrest a person, and not an international arrest warrant that compels authorities to act.

Because of the pending asylum application, authorities must first assess the validity of Co’s claim before deciding on any request for his return.

“Technically, it’s not impossible for him to return, but it will definitely delay the process and complicate the matter,” Sarmiento said.