The passport of former Ako Bicol Partylist Representative Zaldy Co cannot be canceled without a court order, Department of Justice Officer-in-Charge Fredderick Vida clarified on Monday, stressing that the DoJ must strictly observe due process in its ongoing investigation into the ghost control projects anomaly.
Vida made the clarification amid questions on why Co — who is being investigated over alleged irregularities in flood control projects — is still able to freely travel abroad.
“Only the Regional Trial Court can cancel a passport,” Vida said. “That’s the protection given to every Filipino — your passport cannot be revoked without a judicial order.”
He explained that a cancellation can only be sought once a criminal case has been formally filed and a court has acquired jurisdiction over the accused.
“As of now, no case has been filed,” Vida said. “Once an information is filed in court, the prosecution, whether from the Ombudsman or the DoJ, may then request the court to cancel the passport.”
Vida said jurisdiction is acquired when a warrant of arrest is issued or the accused voluntarily surrenders. Only then can motions such as a passport cancellation be properly filed.
Vida said the DoJ and the Office of the Ombudsman were still conducting preliminary investigations into Co’s alleged involvement in the questionable flood control projects.
“We cannot just take shortcuts,” he said. “The process must be followed, because it’s every Filipino’s right that the justice system operate within the bounds of the law.”
He assured the public that both agencies are acting within legal parameters and the proceedings will be evidence-based and transparent.
“We’re not rushing this,” Vida said. “What we want is to ensure that those who must be held accountable are charged properly, based on evidence, not speculation.”