THE Department of Foreign Affairs (DFA) is facing increasing public scrutiny regarding its inability to revoke the passport of former Ako Bicol Representative Zaldy Co, who is embroiled in graft and malversation charges.
Despite Co’s resignation from the House of Representatives and the issuance of arrest warrants against him, the DFA maintains that it cannot act without a direct court order.
DFA spokesperson Angelica Escalona reiterated the department’s position, stating, “The DFA has not received any court order instructing the cancellation of Zaldy Co’s passport.”
This stance is rooted in Republic Act 11983, also known as the New Philippine Passport Act, which stipulates the conditions under which a passport can be denied, cancelled, or restricted. These conditions include being a fugitive from justice, conviction of a criminal offense, or fraudulent acquisition/tampering of the passport [1].
Legal experts say that while the allegations against Co are severe, the DFA is bound by law. “The DFA’s hands are tied unless a court specifically orders the passport’s cancellation,” explains Atty. Maria Santos, a constitutional law expert. “This highlights a potential gap in the law, where individuals facing serious charges can potentially leave the country, even with pending cases.”
The situation has sparked debate among legal circles, with some arguing for amendments to the Passport Act to allow for more flexibility in cases involving high-profile individuals accused of corruption. Others caution against such changes, emphasizing the importance of due process and the right to travel.
Co, who previously headed the House Appropriations Committee, faces charges related to a P289-million substandard flood control project in Naujan, Occidental Mindoro. He and 17 others are implicated, including Public Works officials and individuals from Sunwest Corp., the construction firm allegedly owned by Co. Co has denied all allegations.
The case continues to unfold, raising questions about the balance between legal procedure and public accountability. The DFA’s adherence to the law, while technically correct, underscores the challenges in preventing individuals accused of corruption from potentially evading justice by fleeing the country.
