FORMER Party-list Rep. Elizaldy “Zaldy” S. Co has filed a petition before the Supreme Court (SC) to halt an Ombudsman resolution that found probable cause to charge him with graft-related offenses, with court papers revealing he was in Sweden.
In a 571-page petition for certiorari and prohibition filed on Jan. 25 through this lawyer, Mr. Co sought to nullify the resolution issued by the Ombudsman last year, which ordered the filing of criminal charges against him before the Sandiganbayan.
The Ombudsman found probable cause to indict Mr. Co and others for one count of violation of Section 3(e) of Republic Act (RA) No. 3019, one count of malversation of public funds through falsification of public documents under the Revised Penal Code, and another graft-related offense under RA 3019. Charges against two other respondents were dismissed for lack of probable cause.
He argued that the Ombudsman acted with grave abuse of discretion, claiming the resolution was issued in an “arbitrary” and “capricious” manner and with evident partiality. He said the Ombudsman allegedly disregarded an interim report by the Independent Commission for Infrastructure (ICI) that did not recommend his indictment.
The petition also alleged violations of his constitutional right to due process, saying the investigation was conducted with undue haste and that the Ombudsman had supposedly pre-judged his liability.
He asked the High Court to issue a temporary restraining order and writ of preliminary injunction to stop the implementation of the Ombudsman resolution, including the prosecution of related criminal cases before the anti-graft court.
Court documents show Mr. Co’s verification and certification were notarized in Nacka, Sweden on Jan. 15, indicating his personal appearance before a Swedish notary. The filing did not state the duration or purpose of his stay abroad.
SC spokesperson Camille Sue Mae L. Ting, told reporters on Thursday that the SC will deliberate on Mr. Co’s petition, including whether it may be affected by rules barring fugitives from seeking judicial relief, while the Ombudsman, through Assistant Ombudsman Jose Dominic F. Clavano IV, said the office will not be distracted by what it described as “dilatory tactics” and will pursue its investigation and prosecution of the flood control-related cases already filed before the Sandiganbayan. — Erika Mae P. Sinaking
