EVEN AFTER authorities have positively spotted the residence of fugitive Elizaldy Co in a Forbes Park-like enclave in Portugal, the lack of an extradition treaty with the host country has made it tougher to catch a fleeting mouse like Co.
Since he went there on an investor passport 10 years ago, and his conviction by the court came only recently, extradition — even with the help of a red notice from the International Police– is a tough option. A law offender can only be extradited if the court has sentenced him long before being granted a passport by that country.
As such, the government is compelled to dig up possible offenses of Co before 10 years ago — when he still was not in possession of a Portuguese passport.
But Interior and Local Government Secretary Jonvic Remulla told GMA News that Co’s situation is rather pathetic.
“He’s a poor man with a lot of money. Lahat ng pera niya hindi niya ma enjoy. Hindi siya lumalabas ng bahay, hindi siya naglalakad. Nakakulong lang sa mala-mansyong bahay niya na para rin siyang preso sa ibang bansa.”
Remulla said reports claim that Co — through some religious priests — have intimated that he wanted to return and secure a dialogue with the government. But then again “such feelers are akin to a Maritess, or a gossip, that we cannot act on.” Such feelers came from third hand source — “kaibigan ng kaibigan.”
Still, Co’s lawyer, Atty. Ruy Rondain said: “As far as I know, I am the only person authorized to speak for Rep. Co. I made no such overture. So unless they spoke with him directly, I must say that those were unauthorized feelers.”
The National Bureau of Investigation said it is pursuing talks with the Interpol for the arrest of Co. In addition, the NBI claims to be working for the cancellation of Co’s Philippine passport.
Malacanang said it is open to discussing with Co. But it leaves the case to the Ombudsman.
The Sandiganbayan, anti-graft court, upheld its decision cancelling the passport of former Ako Bicol representative Zaldy Co, declaring him a fugitive from justice in a nine-page decision by the court’s 5th Division.
With his Philippine passport cancelled, Co has no legal basis remaining in another country and being declared a fugitive from justice, he cannot avail of relief from the courts.
Rappler quoted the decision penned by Zaldy Trespeces (and concurred by Associate Justices Gener Gito and Kevin Narce Vivero): “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 court emphasized that, as long as Co is at-large, he is not entitled to any judicial relief, including motion for reconsideration.
Co’s lawyer claimed 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 is facing graft and malversation cases over irregularities in the P289.5-million flood control project in Naujan, Oriental Mindoro. Included in the charges are officials of the Department of Public Works and Highways in Mimaropa and executives of contractor Sunwest, his company, Rappler said.
This is the first flood control-related case to reach the court.