The Supreme Court of the Philippines has ordered the Office of the Ombudsman and the Independent Commission for Infrastructure (ICI) to file their comments on a petition lodged by businessman and former Ako Bicol Party-list Rep. Elizaldy S. Co, questioning the filing of graft and malversation charges against him.

In its En Banc session on February 11, 2026, the high court took up G.R. No. E-04240, titled Elizaldy S. Co v. Hon. Jesus Crispin C. Remulla and the Independent Commission for Infrastructure.

The SC directed Ombudsman Jesus Crispin C. Remulla and the ICI to submit their respective comments within 10 days from receipt of notice.

The order was issued without the Court necessarily giving due course to Co’s petition for certiorari, which seeks to nullify the Ombudsman’s resolution finding probable cause to charge him and several others.

The resolution involves alleged violations of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, as well as malversation of public funds, in connection with reported irregularities in a government flood control project.

In his petition, Co also asked the tribunal to issue a temporary restraining order (TRO) to prevent the implementation of the Ombudsman’s ruling while the case is under review.

The Supreme Court, however, did not issue a TRO.

The case remains pending before the high court, awaiting the respondents’ compliance with its directive.