Marilyn Cahatol

Rep. Elizaldy Co attends the House Committee on Appropriations on August 25, 2022 to tackle the proposed P5.268-trillion national budget for fiscal year 2023. Press and Public Affairs Bureau handout

Article (news)

Agatha Gregorio

ABS-CBN News

<p>MANILA — An order to file a counter-affidavit has been sent to former Ako Bicol Rep. Zaldy Co’s last known addresses, but the recipient “refused to accept,” the Office of the Ombudsman said. </p><p>Assistant Ombudsman Mico Clavano said it is likely the security agency assigned to Co’s last known addresses that refused to accept the order on his behalf.</p><p>With this, there is a possibility that Co’s right to present his defense would be considered waived, Clavano added.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/10/29/-ici-recommends-raps-vs-jinggoy-villanueva-co-other-execs-over-flood-control-scandal-1206">READ: ICI recommends criminal, admin raps vs Villanueva, Estrada, Co, other execs over flood control scandal</a></div><p>Regarding the recipient’s refusal to accept, Clavano told reporters on Monday: “That remark, I will have to clarify. But usually po ang nangyari po diyan, it&#x27;s deemed received already. And if the periods had already lapsed then we will consider the person, in this case or former congressman Zaldy Co, as in default.”</p><p>He said this in response to questions on the first SunWest Inc. case.</p><p>Clavano added that he will check if the period for Co to file his counter-affidavit has lapsed.</p><p>“‘Pag hindi po kasi in-accept 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 nawa-waive po ‘yung karapatan niya na mag-file ng counter-affidavit… He waives his right to present the defenses that he would have been able to kung nag-file siya ng isang counter-affidavit,” he said.</p><p>According to Clavano, the order was delivered in the previous week.</p><p>The prosecutor’s resolution will be based solely on the submitted documents, Clavano added.</p><p>“‘Yung lahat ng na-submit including na po ‘yung complaint affidavit ng complainant ay magiging basis na po ng prosecutor doon sa kanyang resolution whether or not there is probable cause or ‘yung prima facie case with reasonable certainty of conviction,” Clavano said.</p><p>The order was sent as part of the obligation to give Co due process, he added.</p><p>“Kailangan lang natin gawin ‘yun — ipa-receive yung order to file counter affidavit para mabigyan ho natin siya ng due process– an opportunity to file his counter-affidavit. 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. ‘Yan po talaga ‘yung spirit of the law,” Clavano said.</p><p>The Ombudsman has intelligence on Co’s whereabouts, but they expect that Co transfers from one place to another, according to Clavano.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/10/29/caap-confirms-three-of-zaldy-co-s-air-assets-no-longer-in-ph-2137">CAAP confirms three of Zaldy Co’s air assets no longer in PH</a></div><p>Once cases are filed in court, they may ask to cancel his passport.</p><p>An International Criminal Police Organization (Interpol) red notice may also be requested once a warrant of arrest has been issued, Clavano said.</p><p>“Once we file cases in court, that is the time 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,” Clavano said.  </p><p>The former congressman also has the option to file a counter-affidavit from overseas at a Philippine embassy, Clavano said.</p><p>“You can go to a Philippine embassy para po mag-swear in sa harap ng isang consul. And then that will be treated as if it was sworn in before a prosecutor,” Clavano said.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/10/29/-p50m-per-large-suitcase-ici-report-details-alleged-kickback-deliveries-to-zaldy-co-2156">‘P50M per large suitcase’: ICI details alleged kickback deliveries to Zaldy Co</a></div><p>Co, who has been <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/10/28/ici-issues-fresh-subpoena-to-ex-ako-bicol-rep-zaldy-co-1552">subpoenaed </a>twice by the Independent Commission for Infrastructure (ICI), remains a no-show. </p><p>He was reportedly <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/9/4/rep-zaldy-co-in-us-house-spox-1345">staying </a>in the United States for &quot;medical treatment.&quot;</p><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/5pLusEKJT0g?si=eHgVb5g9zv5eufbs" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe></div><p>O</p>

<p>An order to file a counter-affidavit was sent to former Ako Bicol Rep. Zaldy Co’s last known addresses, but the recipient “refused to accept,” the Office of the Ombudsman said.</p>

An order to file a counter-affidavit was sent to former Ako Bicol Rep. Zaldy Co’s last known addresses, but the recipient “refused to accept,” the Office of the Ombudsman said.

Order to file counter-affidavit sent to Zaldy Co’s last known addresses, recipient ‘refused to accept’ – Ombudsman

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Order to file counter-affidavit sent to Zaldy Co’s last known addresses, recipient ‘refused to accept’ – Ombudsman

Agatha Gregorio,

ABS-CBN News

Published Nov 03, 2025 05:49 PM PHT

Read More:

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