Constitutional expert Atty. Domingo Cayosa on Tuesday stressed that fear for one’s safety is not a valid legal reason to evade a warrant of arrest, underscoring that individuals who cite personal threats cannot lawfully refuse to surrender.
Cayosa made the statement in light of recent claims from personalities — including resigned Ako Bicol Party-list Rep. Zaldy Co — who say they are reluctant to turn themselves in due to alleged threats to their lives.
"That is not a legal excuse to evade a warrant of arrest. So nothing will come of that reason," Cayosa said.
He added that public pronouncements made through social media videos by wanted individuals have little bearing in court, dismissing them as "just bluster" with "almost no probative value... because it is not under oath."
Beyond the issue of surrender, Cayosa called for the urgent and aggressive use of preliminary asset attachments to recover stolen government funds in large-scale corruption cases.
He emphasized that under Sandiganbayan rules, prosecutors may seek immediate court orders to freeze bank accounts and attach properties allegedly acquired through unlawful means once a case is filed.
According to Cayosa, failure to do so allows accused individuals to use stolen money to “influence the press, the fiscal, the police, and all sorts of people,” which may result in cases being derailed.
“We should trace and attach the assets preliminarily because once there's a conviction and the assets are gone, it becomes much more difficult for us to recover the loot,” he said.