The Office of the Ombudsman has filed graft and malversation cases against former Ako Bicol representative Zaldy Co. The cases involve allegations of improper practices in the procurement and construction of a flood control project worth P289.4 million in Naujan, Oriental Mindoro.
The anti-graft court Sandiganbayan is expected to release the case to its divisions on Wednesday, November 19. After the review, the Sandiganbayan may issue arrest warrants against Co.
According to Mico Clavano, spokesperson for the Office of the Ombudsman, the following cases were filed in the anti-graft court:
- Malversation of public funds through falsification of public documents under Article 217 in conjunction with Article 171(4) of the Revised Penal Code
- Violation of section 3(e) of Republic Act (RA) No. 3019 or the Anti-Graft and Corrupt Practices Act
- Violation of Section 3(h) of RA No. 3019 for receiving undue benefits (for Co).
The Ombudsman also recommended no bail for the former representative. Aside from Co, officials of the Department of Public Works and Highways (DPWH) Mimaropa were also charged in the cases, along with the board of directors of Sunwest Corporation, a company founded by Co, as private respondents.
The cases stemmed from the recommendation of the Independent Commission for Infrastructure (ICI) on September 29 to the Ombudsman based on allegations of improper practices in the procurement and construction of a flood control project on the Mag-asawang Tubig River in Naujan, Oriental Mindoro, worth P289,498,230.06.
“During the inspection, officials discovered that the steel sheet piles used for the dike were significantly below the required standards,” Clavano said. “These findings reveal a scheme that resulted in undue benefits, technical falsification, and misuse of public funds.”
This is the first case to reach the courts related to the flood control scandal. It was filed shortly after President Ferdinand Marcos Jr. said that “many” personalities connected to the flood control problem could be jailed “before Christmas.”
Other legal steps may include recommendations from the ICI or complaints pending with the Ombudsman or the Department of Justice (DOJ).
Aside from the Sandiganbayan, the Ombudsman and DOJ prosecutors may file cases in lower courts, depending on the nature of the cases and the salary level of the parties involved. Under Republic Act No. 10660, the Regional Trial Courts (RTC) have jurisdiction over graft cases that do not involve damage to the government, or when the amount of damage does not exceed P1 million.
Likewise, graft cases against public officials with salaries below Salary Grade 27 are subject to lower courts, based on National Act No. 129 or the Judiciary Reorganization Act.
Co has been at the center of blame for the government's flood control scandal, which sparked the largest anti-government demonstrations the country has seen in years. He is a longtime contractor, and the construction firm he founded — Sunwest — raked in billions of pesos in projects while he was the appropriations chair.
