Issues are transferring fairly quick on the anti-graft courtroom Sandiganbayan.
The prosecutors from the Workplace of the Ombudsman have introduced their final witness and wrapped up the presentation of proof within the malversation case in opposition to fugitive former Ako Bicol consultant Zaldy Co and former Division of Public Works and Highways (DPHW) Mimaropa officers on April 7.
Co and fellow accused are going through the malversation case on the anti-graft courtroom’s sixth Division, and one other set of graft circumstances in different divisions, on account of alleged irregularities within the procurement and development of a P289.4-million flood management challenge in Naujan, Oriental Mindoro.
This was the primary set of circumstances that reached the courts in relation to the multi-billion-peso flood management corruption that hounded President Ferdinand Marcos Jr.’s administration. Other than Co and the previous DPWH officers, some board administrators of Sunwest — an organization based by Co — are additionally among the many respondents.
Nevertheless, Co and Sunwest administrators stay at-large, and have but to be arrested and face the courtroom for trial. Inside chief Juanito Victor “Jonvic” Remulla teased on Tuesday that the Interpol purple discover — which can be utilized to arrest Co even abroad — might be out quickly.
However Co’s absence didn’t cease the prosecution from disclosing their proof and illustrating his alleged hyperlinks to Sunwest and the allegedly anomalous Oriental Mindoro challenge within the hearings thus far which have been operating for weeks.
‘Balato’ from Co
When state witness and former DPWH undersecretary Roberto Bernardo took the witness stand on March 17, he revealed that Co allegedly gave him “balato” (share) or token cash as an indication of gratitude.
Bernardo advised the anti-graft courtroom division that he allegedly obtained shares from the previous lawmaker amounting to P130 million in complete, from 2023 to 2025. Former DPWH Mimaropa regional director Gerald Pacanan, certainly one of Co’s co-accused, can be conscious of Co’s “balato” (share), in accordance Bernardo.
“I’ve recognized (Pacanan) since 2016. Formally, we encountered many instances. In the course of the conferences, he gave me balato and he advised me it got here from Zaldy Co,” Bernardo stated.
When requested by Sandiganbayan sixth Division chairperson Sarah Jane Fernandez why he was given the stated quantity, Bernardo stated it was most likely a “token of gratitude.” He stated he was advised by former DPWH district engineer Henry Alcantara that the cash got here from Co.
“Your Honor, it was token of gratitude for guaranteeing that [former district engineer Henry] Alcantara is cooperative,” Bernardo stated. “I can inform that it’s [given to me] third quarter of yearly.”
The state witness stated he was pressured to simply accept the “balato” as a result of if he didn’t, he can be seen by Co as a hindrance to their DPWH transactions.
Previous to testifying in opposition to Co, Bernardo was among the many officers who revealed that there was an alleged kickback system contained in the DPWH. He alleged in his Senate testimony that former DPWH chiefs Mark Villar and Manuel Bonoan allegedly ran the kickback system, with late former undersecretary Cathy Cabral as the principle operator of the scheme.
Co the contractor
To indict Co and fellow accused additional, the Ombudsman prosecutors introduced former DPWH Bulacan district engineer Henry Alcantara, one other state witness, to the stand on March 24.
At first, Pacanan’s camp objected to Alcantara’s presentation, arguing that his testimony can be “undeniably irrelevant” as a result of the challenge in query was in Mimaropa, and never in Bulacan. However the prosecution defined that they had been presenting Alcantara not as an engineer, however as somebody who has had alleged dealings with Co.
However later, the third Division justices allowed Alcantara’s testimony.
Alcantara’s testimony, because it turned out, was important to the prosecution’s case as a result of his testimony provided to show that Co was certainly a contractor of Sunwest.
Co is among the many founders of Sunwest, however claimed that he already divested or left the corporate in 2019 to supposedly keep away from battle of curiosity. Nevertheless, a Rappler investigation in 2025 confirmed that the previous lawmaker remains to be the company’s useful proprietor.
Below many legal guidelines, together with the 1987 Structure no much less, battle of curiosity is strictly prohibited. Except for banning politicians from having different occupations aside from their elective positions, the legal guidelines additionally bar them from having direct or oblique monetary pursuits in authorities contracts.
Alcantara revealed he met Co someday within the third or 4th quarter of 2021. It was Bernardo who gave Co’s quantity to Alcantara, as a result of Co was allegedly on the lookout for a DPWH district the place he can allocate infrastructure funds by way of the district engineer.
The 2 communicated and had a gathering in Bonifacio World Metropolis with former assistant district engineer Brice Hernandez, based mostly on the testimony. In keeping with Alcantara, Co allegedly additionally wished to take part as a contractor of initiatives in Bulacan.
“Zaldy Co wished to enter as a contractor for Bulacan initiatives. In order that’s why we all know that at the moment, he was already engaged within the development enterprise,” the prosecution crew advised reporters in a mixture of Filipino and English on March 24. “After which after that, they continuously met one another.”
The previous lawmaker, in line with Alcantara, even requested him to submit an inventory of flood management initiatives, which had been later given funds. These acts had been known as delivered “commitments.”
For the prosecution, Alcantara’s testimony proves that even after supposedly divesting from Sunwest to keep away from battle of curiosity, Co remained a contractor and Sunwest’s useful proprietor.
“We alleged that Zaldy Co is the controller of the useful proprietor of Sunwest. That’s in our info…. The contractor on this challenge is Sunwest. And who owns Sunwest? It’s Zaldy Co. It’s him actually,” the prosecution added.
One other proof
The prosecution rested their case in opposition to Co by bringing a witness who tried to additional strengthen the hyperlink between Co and Sunwest.
Anti-Cash Laundering Council (AMLC) area investigator Jan Mark Busa stated that Co has allegedly obtained a financial institution influx of P802 million by way of verify deposits from Sunwest’s accounts from 2019 to 2025. The prosecution, on April 7, stated this was extra proof that the resigned lawmaker is the Sunwest’s useful proprietor.
Busa is the investigator who seemed into Co’s financial institution accounts and enterprise pursuits. His AMLC investigation was the idea of the preliminary and preliminary financial institution inquiry experiences wanted to file a petition with the Courtroom of Appeals (CA).
The petition sought the issuance of a freeze and financial institution inquiry order in opposition to Co’s accounts. Later, the CA granted the AMLC’s request and issued a freeze order in opposition to Co’s property.
“In abstract, based mostly on the financial institution data that the AMLC was in a position to safe, there have been transactions, money inflows, deposits from Sunwest to the accounts of Zaldy Co,” the prosecution crew stated. “These are robust indicators of the useful possession of financial advantages, receiving cash from Sunwest.”
For the prosecution, what is significant is to attach Co to Sunwest, and never essentially to the Oriental Mindoro challenge.
“After all, he (Co) has no direct participation within the transaction per se as a result of those contracting with the DPWH is Sunwest. However the truth that he’s the useful proprietor, which we try to show, basically, the advantages went to him and the quantities malversed on this case,” the crew stated.
What now?
Because the prosecution has already completed with their presentation, the protection legal professionals are anticipated to lodge a movement for go away to file a demurrer to proof.
Demurrer to proof, if granted, has the impact of an acquittal. It’s sought if the accused believes that the prosecution’s proof is weak sufficient that they don’t must current their very own. It may be filed after the prosecution’s presentation of proof.
If the division denies the movement for go away, then the trial continues and the accused will current their proof.
However whereas this movement has but to be filed, the Sandiganbayan sixth division has already set the preliminary presentation of the protection on June 2, the place the protection are anticipated to current not less than 66 witnesses. The hearings might be held twice every week from then on, each Tuesdays and Thursdays.
“We’re assured, particularly after the decision denying bail and there have been robust proof of guilt, we’re assured. To this point, we had been in a position to set up our case,” the prosecution crew stated, when requested about their evaluation of their proof in opposition to Co. – Rappler.com
