The Department of Foreign Affairs attributed the Philippines’ inability to track down fugitives Elizaldy Co and Harry Roque to the “very strict” privacy laws in the European Union (EU), barring the country from obtaining information regarding their alleged asylum application. 

Co and Roque are reportedly seeking political asylum in France and Austria, respectively, amid their outstanding warrants from the Philippines. Both are EU member states.

“Mr. Chair, the European Union, France included, has very strict privacy regulations. So, if that person has filed for asylum, we will not be provided with information, as this is in accordance with their laws and regulations,” DFA Secretary Ma. Therese Lazaro told the Senate finance committee during a budget hearing.

“Regardless of the inquiries our embassy makes, we will not be given information, again, due to their very strict privacy policies. The same applies to the situation with Harry Roque in Austria.” 

Lazaro’s remarks came in response to Senator Erwin Tulfo’s question about whether the Philippines receives tips on asylum applications from the countries where the two fugitives are reportedly staying to evade their warrants.

According to the DFA chief, the Philippines only learned that Co flew to France from Prague—where the former lawmaker initially stayed and was reportedly arrested, as President Marcos Jr. mistakenly announced in April—because the Czech Republic's minister mentioned it in passing. 

No further details or elaboration were provided by the Czech official beyond that, Lazaro added. 

As for Roque, the Philippine Embassy in Vienna has also yet to confirm whether the former presidential spokesperson’s asylum has indeed been denied, as reported by DILG Secretary Jonvic Remulla earlier this week.

Roque, however, denied Remulla’s announcement as “fake news,” saying he has been awaiting the decision. 

Remulla is scheduled to depart for France to convince French authorities to block Co’s asylum application.

Co and Roque’s passports had been canceled by the DFA following court orders directing their arrests. 

Another factor constraining the Philippines from compelling the arrest of Co and Roque was its lack of extradition treaties with the EU as a bloc. Due to this, these foreign countries are not legally bound to act on the Philippines’ request compelling the return of fugitive Filipinos seeking refuge in its jurisdiction.

“But what we do, during many of our bilateral political consultations, request three specific agreements from our counterparts: extradition, the transfer of sentenced persons, and mutual legal assistance. Having these three agreements in place with various countries would, I believe, make things easier,” Lazaro said.

“However, we do not have these three treaties or agreements with these EU countries, and that is likely what is causing the difficulties,” she added. 

As for Tulfo’s proposal to block their passport renewal, Lazaro said there has to be a court order. She noted, however, that Filipinos abroad facing active warrants are automatically denied passport services. Instead, they will be given a one-way travel document strictly intended to facilitate their return from their host country back to the Philippines.

Co is subject to multiple warrants from the Sandiganbayan involving corruption cases linked to multi-billion-peso flood control projects. He flew abroad in mid-last year and refused to return and heed calls from the House of Representatives, leading to the revocation of his travel clearance. 

He eventually resigned as Ako Bicol representative in September of that year.

Roque, meanwhile, faces a non-bailable qualified human trafficking case tied to illegal POGO in Pampanga. He was ordered arrested as early as May last year.