The Office of the Ombudsman revealed that they attempted to issue an order directing former Ako Bicol Party-list Rep. Elizaldy “Zaldy” Co to file a counter-affidavit related to the SunWest Inc. case under the ongoing investigation into the flood control project scandal.
During a press briefing on Monday, Assistant Ombudsman Mico Clavano explained that the person at Co's last known address refused to accept the document.
“An order to file counter affidavit was given to Elizaldy “Zaldy” S. Co but the recipient refused to accept... This remark means the last past or the last residence of former Congressman Co was used in the delivery of the order and yet the persons who received this on behalf refused to accept the order,” he said.
Co’s linked company, Sunwest, is alleged to have been involved in the P289.5-million flood control project in Oriental Mindoro, which is under investigation for anomalies.
Clavano explained that the refusal effectively complicates Co’s opportunity to present his side in the case.
Clavano noted that when a respondent does not receive or file a counter-affidavit, they may be considered “in default.”
"Pag hindi po kasi inaccept ang order to file a counter-affidavit, which is the opportunity of the respondent to give his defenses, we consider a person in default, meaning po, kumbaga, nawe-waive po ‘yung karapatan niya na mag-file ng counter-affidavit kung nasaan, ang laman po kasi noon ay mga defense niya," Clavano explained.
“So, he waives his right to present the defenses that he would have been able to kung nag-file siya ng isang counter-affidavit," he added.
When asked if Co still has time to submit his response, Clavano said the Ombudsman will check whether the prescribed period for filing has already lapsed.
"This again is an opportunity for him to air his defenses. So I will have to check whether the periods have lapsed. If not, then he has time until the periods have lapsed to file his counter-affidavit. So pag mangyayari yun, then we will consider it in the preliminary investigation and the resolution of the case," he noted.
Clavano confirmed that the order was issued last week and that attempts were made to serve it at Co’s last known addresses.
"Yung mga last known addresses po yung napuntahan po natin para i-serve itong order to file counter-affidavit,” he said.
"And kailangan na natin gawin yun, ipa-receive yung order to file counter-affidavit para mabigyan po natin siya ng due process, an opportunity to file his counter-affidavit," he added.
Although reports indicate that Co is currently abroad, Clavano emphasized that the Ombudsman is required by law to attempt service within the country.
"Ngayon, even if we know that he is not here, we still have to do it in his last known address. Because how else are we going to serve this and have the periods run even without his presence? We have to try, ‘yun po talaga yung spirit of the law. You have to try to serve it diligently. Most likely yung buildings, ‘yung mga condominium units, ‘yung mga villages, dun natin pinapareceive," the Assistant Ombudsman said.
When asked about Co’s whereabouts, Clavano said the Ombudsman has intelligence information on his movements.
"We can expect na palipat-lipat po siya," he said. "Once we file cases in court, that is the time that we can request for the cancellation of his passport. And once there is a warrant of arrest out, that is the time that we can request for an Interpol Red Notice."
The move follows Co’s involvement in the flood control scandal, which allegedly involved anomalies and corruption in the implementation of government flood control projects, including irregular allocations and misuse of public funds.
The Office of the Ombudsman said it aims to prosecute at least 60 individuals linked to the scandal, in coordination with other government agencies, particularly the DPWH.
