Without granting TRO, SC orders ICI, Ombudsman to answer Zaldy Co petition

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February 13, 2026 | 4:47pm

MANILA, Philippines — The Supreme Court has ordered Ombudsman Jesus Crispin Remulla and the Independent Commission for Infrastructure to comment on the petition for certiorari filed by fugitive former congressman Elizaldy Co.

In a statement on Friday, February 13, the high court said Remulla and the ICI have 10 days to respond to Co’s petition and his prayer for a temporary restraining order.

The Supreme Court, however, clarified that it has not necessarily “given due course” to the petition, meaning it has not formally acted on it through the usual procedural steps. It also did not grant Co’s prayer, according to the latest release.

Since the former lawmaker is considered a “fugitive from justice,” the high court must decide whether his petition for judicial relief can proceed, given the established rule that fugitives typically lose the right to seek such remedies.

Co’s petition specifically seeks to nullify Remulla’s Nov. 14, 2025 resolution, which found probable cause to file charges against him over the alleged P289.5 million anomalous flood control project in Oriental Mindoro.

This was the first set of criminal charges that the Office of the Ombudsman filed before the Sandiganbayan against public officials and contractors implicated in the flood control scandal. 

The charges were also part of the ICI’s recommendation in the first report they published over the anomalous flood control project.   

Co is specifically accused of violating the Anti-Graft and Corrupt Practices Act for allegedly benefitting financially from the flood control project, considering the contractor, Sunwest Inc., is a firm he co-founded.

He, however, argued that Remulla did not give him proper due process to respond to the complaints before filing the charges, saying he was not notified or furnished with copies of the allegations against him. 

In the same petition, Co asked the Supreme Court to dismiss the charges filed against him before the anti-graft court. 

Fugitive status and Interpol request

While Co remains at large, with his last reported location in Sweden following his Jan. 15 petition, he already faces an arrest warrant that has been in effect since Nov. 21, 2025. His passport has also been canceled since December 2025. 

As part of the country’s efforts to arrest him, the National Bureau of Investigation submitted additional documents in support of the Philippines’ request to Interpol for a red notice against Co on February 11. 

This notice would issue an international alert to all Interpol member countries to locate and arrest the individual pending extradition.