As former Ako Bicol Party-list Representative Elizaldy Co remains missing, Assistant Ombudsman Mico Clavano said on Monday that he has yet to file a counter affidavit on the complaints against him over his alleged involvement in the flood control project scandals.
According to AO Clavano, following the complaint against Sunwest Construction—which is linked to Co—the Office of the Ombudsman delivered a request to the former congressman’s last known addresses in the Philippines. However, the recipients reportedly refused to accept the order.
“An order to file a counter affidavit was given to Elizaldy ‘Zaldy’ S. Co, but the recipient refused to accept,” AO Clavano said, citing the note on the complaints against Co.
“So what I think this remark means is that the last place or the last residence of former congressman Co was used in the delivery of the order and yet the persons who received it on his behalf refused to accept the order,” AO Clavano explained.
According to Clavano, the filing of a counter affidavit is an opportunity for the respondent to present his defenses. By refusing to submit one, he risks waiving that right and being considered in “default.”
“We consider a person in default meaning, his rights to file a counter affidavit in which his defenses are there,” AO Clavano noted.
If the person is in default, all other submitted documents—including the complaint affidavit—will serve as the basis for the prosecutor’s resolution once the proceedings move forward.
Meanwhile, other respondents in the complaints from the Department of Public Works and Highways (DPWH) have filed motions seeking additional time—about 10 to 15 days—to submit their counter affidavits.
AO Clavano said he has yet to confirm if the period for submission has already lapsed. If not, Co may still submit his counter affidavit even while abroad.
“You can go to a Philippine Embassy, to swear in front of a consul, and then that will be treated as if it was sworn in before a prosecutor, which is the actual process,” Clavano explained.
He also noted that once the case is filed and a warrant of arrest is issued, authorities will be able to narrow down Co’s possible locations.
“The Ombudsman has intelligence on his whereabouts, although we can expect that he is moving from places to places, but that’s only par for the course for now. Because once we file cases in court, that is the time that we can request for the cancellation of his passport. And once there’s a warrant of arrest out, that is the time we can request for the Interpol red notice,” AO Clavano explained.