Camille Naredo

Sandigan Bayan. Jonathan  Cellona, ABS-CBN News

Article (news)

Sandigan Bayan

Kaxandra Salonga

ABS-CBN News

MANILA — The Sandiganbayan denied the bid of a co-accused of former lawmaker Elizaldy “Zaldy” Co seeking the inhibition of its justices from their malversation case over the allegedly anomalous flood control project in Naujan, Oriental Mindoro.In a resolution promulgated on Wednesday, the anti-graft court’s Sixth Division denied the plea filed by former DPWH-Mimaropa Regional Director Gerald Pacanan, who claimed that the court showed a pattern of “malice, bad faith, and a failure to maintain the cold neutrality of an impartial judge” in its proceedings.<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/6/2/sandiganbayan-denies-demurrer-to-evidence-of-zaldy-co-s-9-co-accused-1647">READ: Sandiganbayan denies demurrer to evidence of Zaldy Co&#x27;s 9 co-accused</a></div>Pacanan argued that the three-judge panel, led by Associate Justice Sarah Jane Fernandez, had &quot;prejudged&quot; the bail proceedings by placing on the accused the burden of proving that not all steel sheet piles (SSPs) installed in the project measured only three meters in length.An inspection conducted by DPWH Secretary Vince Dizon and Oriental Mindoro Gov. Humerlito &quot;Bonz&quot; Dolor previously found that the steel sheet piles measured only three meters instead of the 12 meters required under the project&#x27;s Detailed Engineering Design.Pacanan noted that in bail proceedings, the prosecution bears the burden of showing that the evidence of guilt is strong. He added that the accused need not present evidence to contradict the prosecution&#x27;s evidence.“The said ruling effectively shifted to the accused the burden of disproving a factual conclusion sought to be established by the prosecution and conveyed the impression that the justices had already accepted as established a material factual premise advanced by the prosecution, unsupported by the limited scope of the evidence the prosecution actually presented,” his motion read.He further claimed that the court&#x27;s previous denial of their motions for leave to file a demurrer to evidence showed the court was &quot;more concerned with expediting the proceedings than with fully and fairly considering&quot; the evidence, even as the accused &quot;continue to languish in jail&quot;.Pacanan also accused the court of repeatedly easing procedural rules in favor of the state. He noted that prosecutors were allowed to present unmarked exhibits, including video presentations and damage reports, without showing good cause.He also cited a March 17 hearing where former DPWH Undersecretary Roberto Bernardo was allowed to testify, although the defense claimed the testimony was &quot;highly prejudicial&quot; and irrelevant to the flood control project material to the case.In its opposition dated June 15, the prosecution said its evidence established a prima facie case, or sufficient evidence to warrant the filing of charges and continuation of proceedings.The court ruled that the defense failed to show that it acted with malice, bias, or partiality.<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/6/4/zaldy-co-s-lawyer-still-unaware-of-his-whereabouts-1757">READ: Zaldy Co’s lawyer says unaware of his whereabouts</a></div>&quot;The Court is not precluded from arriving at conclusions of fact in determining whether the evidence of guilt is strong for purposes of bail… Accused Pacanan failed to support with clear and convincing evidence his bare assertion that the fact that the Court made conclusions of fact shows partiality,” the resolution read.It also noted that repeated inhibition motions cannot be used to influence a favorable outcome of the case.&quot;A party cannot intimidate judges or strongly suggest their inhibition in order to get a favorable outcome… We cannot allow litigants to shop for a judge more sympathetic to their cause. The filing of frivolous motions for inhibition constitutes an abuse of court processes that serves to disrupt rather than promote the orderly administration of justice,” it read.

The Sandiganbayan denied the bid of a co-accused of former lawmaker Elizaldy “Zaldy” Co seeking the inhibition of its justices from their malversation case over the allegedly anomalous flood control project in Naujan, Oriental Mindoro.

The Sandiganbayan denied the bid of a co-accused of former lawmaker Elizaldy “Zaldy” Co seeking the inhibition of its justices from their malversation case over the allegedly anomalous flood control project in Naujan, Oriental Mindoro.

Sandiganbayan rejects bid to inhibit justices in Zaldy Co’s flood control case

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Sandiganbayan rejects bid to inhibit justices in Zaldy Co’s flood control case

Kaxandra Salonga,

ABS-CBN News

Published June 17, 2026 07:38 PM PHT

Read More:

Sandiganbayan

Zaldy Co

flood control

DPWH

Mimaropa

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