THE Office of the Ombudsman (OMB) has submitted for resolution the malversation complaint filed against resigned Ako Bicol party-list Rep. Zaldy Co and some officials of the Department of Public Works and Highways (DPWH).
This as the Ombudsman looks at all legal options to compel the return of Co who was accused of receiving mind-boggling amounts of kickbacks from infrastructure projects of the government.
The charge also cited as respondents the incorporators of Sunwest Inc. in connection with the alleged anomalous flood control projects in Naujan, Oriental Mindoro.
Ombudsman Jesus Crispin Remulla told reporters that the charges would be the first case to be filed with the Sandiganbayan either this week or next week.
“There are now 15 cases under preliminary investigation, 10 with the Ombudsman and five with the Department of Justice. There is already one for resolution in the Office of the Ombudsman, and with the DOJ, I would say it would also be submitted for resolution very soon,” Remulla said.
“In our opinion, the first case to be filed is that of Zaldy Co, officials from DPWH Region IV-B and Sunwest’s,” he added.
He said Co who has not returned to the country would be tried in absentia.
“We know that he escaped. That is why the complaint was deemed submitted for resolution. They refused to receive the subpoenas,” Remulla said.
“Once a case is filed before the Sandiganbayan, that is the time when there will be a passport cancellation (against Co). A court order is needed,” he added.
“We do not favor the filing of plunder. In the Supreme Court decisions, it is difficult to… may be, we need to amend (the Plunder Law). There have been so many plunder cases filed but there is only one conviction,” he said.
In an interview on DZMM, Assistant Ombudsman Mico Clavano criticized Co for claiming that he was facing threats to his life hence, why he could not come home.
Clavano dismissed Co’s alibi as a mere “template.”
“We just hope that he would voluntarily come home in the future. There are some ways and remedy available to the government, such as what we we did to (Negros Oriental) congressman Arnie Teves who came back after being a fugitive,” he said.
The Independent Commission for Infrastructure filed the graft, malversation and falsification charges against Co and multiple DPWH officials before the Office of the Ombudsman in connection with the flood control and other infrastructure anomalies.
Clavano said the Ombudsman could resolve the complaint based on the submitted evidence if Co refuses to submit a counter-affidavit.
“Should the period lapse in the filing of the counter affidavit, his right to file a defense is waived,” he explained.
“We will have to resolve the case here at the Ombudsman on the basis of the allegations and the supporting documents. We cannot wait since there is a period for which we allow the respondents to file counter-affidavit, including the co-respondents,” he added.
Once a probable cause has been determined, the Ombudsman could elevate the case to the Sandiganbayan, he noted.
“If that happens, we can use that to request a red notice from the Interpol for a warrant of arrest. That is an instrument available to the government so we could compel the accused to go home,” he said.
“The court must have jurisdiction over the person before we could proceed with the trial. We can use the warrant of arrest as an instrument so the Sandiganbayan could have jurisdiction over Co,” he said.
