THE Sandiganbayan has ordered the seizure of at least 16 real estate properties belonging to former congressman Zaldy Co who is facing graft charges in relation to the flood control mess.
Meanwhile, Mamamayang Liberal party-list Rep. Leila de Lima, joined by 2025 Ramon Magsaysay awardee Fr. Flaviano Villanueva, filed several complaints against lawyer Levito Baligod and 18 supposed former Marines over the latter’s allegations of purported kickbacks from flood control projects.
The anti-graft court’s order came after it granted the government prosecutors’ ex-parte motion for issuance of “Writ of Preliminary Attachment” against Co and his wife, Mylene, covering the 16 real estate assets.
“We grant the prosecution’s motion. The present case squarely falls within the ambit of Section 2(b), Rule 127, as it is predicated on a claim involving public funds allegedly embezzled, fraudulently misapplied, or converted by the accused Department of Public Works and Highways officers in conspiracy with the accused Co,” the Sandiganbayan said.
The court said the seizure was allowed under Rule 127 of the Rules of Court on Provisional Remedies in Criminal Cases, which allows the government, as the offended party, to attach the property of the accused as security for any judgment that may be recovered.
It added that the requirement for issuing a writ of preliminary attachment under Rules 57 and 127 was the presence of fraud “due to subsequent actions showing intent to defraud creditors by absconding from the Philippines or by concealing, removing, or disposing of property.”
“Such fraud is inherent in a violation of Section 3(e) of RA No. 3019, the Anti-Graft and Corrupt Practices Act, when evident bad faith is alleged, as in the present case,” the court said.
Co, along with several officials of the Department of Public Works and Highways-Region 4B, and the board of directors of Sunwest Corp. were sued over an alleged anomalous P289.5-million flood control project in Oriental Mindoro.
The project, funded under the 2024 budget, involved the construction of a road dike along the Mag-Asawang Tubig River in Naujan, Oriental Mindoro.
“We are here at the DOJ (Department of Justice) because we just filed a complaint-affidavit for perjury… We also came from the NBI (National Bureau of Investigation), where we filed separate complaint-affidavits for libel and cyberlibel against the 18 alleged ex-Marines and Atty. Levi Baligod,” De Lima told justice reporters in mixed Filipino and English.
“In this complaint we filed with the DOH, which is a perjury complaint, this is filed against the 18 alleged ex-Marines only,” she added, noting that the former soldiers submitted sworn affidavits that led to them being charged with perjury.
The lawmaker stressed that the timing of the allegations against them aims to distract the public’s attention from the case before the International Criminal Court (ICC) as well as the impeachment complaints against Vice President Sara Duterte.
“Former senator Sonny Trillanes was correct, that it could only be the handiwork of the Duterte camp. Look at the timing where the impeachment procedures against the vice president were, where there were the events at the ICC that just finished the confirmation of charges hearing…then they released it,” De Lima said.
“To distract, that agenda is very clear. To confuse, to create confusion. They thought there would be many bites. They thought many would believe. They thought it was causing some instability here among us. That’s what we’re seeing: it’s the work of the Duterte camp again,” she added.
Villanueva said the allegations against them were an attempt to destroy the integrity of the ICC: “In the name of the homeless, in the name of the victims of extrajudicial killings during the time of Rodrigo Duterte, we stand for the truth.”
