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Daphne Galvez - The Philippine Star
March 10, 2026 | 12:00am
The Sandiganbayan’s Fifth Division granted the prosecution’s request to freeze the assets to secure potential payment of P215 million in civil liability if it secures a conviction of the charges.
STAR / File
MANILA, Philippines — The Sandiganbayan has issued a writ of preliminary attachment on 16 properties of fugitive former lawmaker Zaldy Co, who faces graft charges involving an allegedly substandard flood control project in Oriental Mindoro.
The Sandiganbayan’s Fifth Division granted the prosecution’s request to freeze the assets to secure potential payment of P215 million in civil liability if it secures a conviction of the charges.
In a 13-page resolution, the anti-graft court ruled that sufficient cause of action exists, based on a claim involving public funds allegedly embezzled, fraudulently misapplied or converted by the accused Department of Public Works and Highways officials in conspiracy with Co.
It added that the criminal charges against Co for violation of the Anti-Graft and Corrupt Practices Act carry inherent elements of fraud and “evident bad faith.”
The court sustained the prosecution’s position that there is no other sufficient security for the claim sought to be enforced, adding that unless Co’s properties are immediately attached, the state may be unable to satisfy any future judgment since Co may “easily alienate or conceal his remaining assets in the Philippines.”
It also noted that a common requirement for issuing a writ of preliminary attachment under Rules 57 and 127 is the presence of fraud “due to subsequent actions showing intent to defraud creditors by absconding from the Philippines or by concealing, removing or disposing of property.”
“Such fraud is inherent in a violation of Section 3(e) of RA No. 3019, the Anti-Graft and Corrupt Practices Act, when evident bad faith is alleged, as in the present case,” the resolution read.
The Sandiganbayan also noted that the Affidavit of Merit submitted by the ombudsman’s office details the alleged fraudulent scheme on the flood control project.
It states that the accused public officers supposedly conspired to certify supporting documents as accurate despite gross discrepancies in the steel sheet piles, which measured only three meters instead of the required 12 meters.
It also said Sunwest Inc. had no legal right to the P215 million it received, and all the documents used to claim the money were fake and part of a scheme to deceive.
The case stemmed from a P289.5-million flood mitigation project in Oriental Mindoro, specifically the construction of a road dike along the Mag-asawang Tubig River.
