Zaldy Co remains a fugitive, passport still cancelled — Sandiganbayan

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The court emphasizes that, as long as Co's at-large, he is not entitled to any judicial relief, including a motion for reconsideration

MANILA, Philippines – The anti-graft court Sandiganbayan has upheld its decision to cancel the passport of former Ako Bicol representative Zaldy Co and declare him a fugitive from justice.

In nine-page decision, the court’s 5th Division denied Co’s motion for reconsideration asking the Sandiganbayan to recall its earlier decision on Co’s passport and status.

The cancellation of passport removes Co’s legal basis to remain in another country. Meanwhile, his declaration as a fugitive from justice means that he cannot avail himself of relief from courts.

“It is undisputed that accused Co remains beyond the reach of the court. He has not voluntarily surrendered or submitted to arrest. In view of his status as a fugitive from justice…the court was unable to entertain accused Co’s pleadings and defenses and applied the ‘fugitive disentitlement doctrine,'” the Sandiganbayan explained in a resolution penned by Zaldy Trespeces, with concurrences from Associate Justices Gener Gito and Kevin Narce Vivero.

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The court emphasized that, as long as Co is at-large, he is not entitled to any judicial relief, including motion for reconsideration.

According to Co’s lawyers, their camp was not duly furnished by the prosecution with a copy of its motion to seek the cancellation of Co’s passport. They said they were surprised when they received a copy of the Court’s December 10 resolution, ordering the cancellation of the passport.

Co faces graft and malversation cases over irregularities in the P289.5-million flood control project in Naujan, Oriental Mindoro. He faces the charges along with officials of the Department of Public Works and Highways in Mimaropa and executives of contractor Sunwest, his company.

This is the first flood control-related case that reached the courts. – Rappler.com