Former Ako Bicol party-list Rep. Elizaldy Co’s decision to resign from his post would not shield him and his organization from his alleged wrongdoing, Cebu 5th District Rep. Duke Frasco said on Tuesday.
‘The resignation of Cong. Zaldy Co should not, and cannot, erase his crimes, nor absolve Ako Bicol Partylist, the vehicle through which these abuses were committed,’ Frasco said in a statement.
Co, in a surprise move, stepped down on Monday, meeting the deadline set by House of Representatives Speaker Faustino ‘Bojie’ Dy III for the former lawmaker to return home.
‘Resignation spared Co from sanction by the House, but it also exposed the weakness of our system. While Co walks away, his conduit, Ako Bicol Partylist, keeps its seat, benefits, and power as if nothing happened. This is not accountability. This is impunity,’ he added.
But Co’s fellow Ako Bicol party-list member, Rep. Alfredo Garbin, said that Frasco’s statements appear to rest on ‘conjecture rather than fact’ – noting that no case has been filed nor any judgment has been rendered regarding allegations against Co.
Garbin also highlighted Frasco’s choice of words – mentioning the word ‘impunity’ – while noting that the 1987 Constitution provides the presumption of innocence.
‘The press release of Rep. Frasco alleging ‘impunity’ on the part of former Representative Zaldy Co and the Ako Bicol Party-list rests on conjecture rather than fact. At the outset, it must be emphasized that these are mere allegations – no criminal or administrative case has been filed, much less adjudicated, before any competent court or tribunal,’ Garbin said in a separate statement.
‘The constitutional presumption of innocence under Article III, Section 14(2) of the 1987 Constitution is not a privilege selectively applied but a fundamental right extended to all citizens, including members of Congress. To prejudge Zaldy Co in the absence of due process would be a dangerous erosion of the rule of law itself,’
According to Garbin, a lawyer by profession, he agrees with Frasco’s views – that resignation does absolve Co of any possible accountability – but the move was made out of delicadeza, to step away from office to ensure non-interference in any probe that may be conducted.
‘The suggestion that resignation constitutes an escape from liability betrays a misunderstanding of both law and practice. A public official’s resignation neither extinguishes liability nor immunizes one from investigation. As jurisprudence repeatedly affirms, as in the case of Santiago v. Bautista (G.R. No. 195835, 2013), resignation is a personal act of relinquishment of office but does not divest courts, the Ombudsman, or other investigative bodies of jurisdiction over acts committed while in office,’ Garbin said.
‘In other words, resignation cannot and does not absolve Zaldy Co of accountability, if any is proven. On the contrary, it demonstrates delicadeza – an ethical choice to step aside so as not to influence ongoing inquiries while focusing on his legal defense and medical treatment,’ he added.
Business and party-lists
Frasco also touched on allegations that there was conflict of interest when Co, as a former lawmaker and former head of the House committee on appropriations, allocated funds to infrastructure projects that were eventually picked up by a company supposedly connected to him.
‘Under Section 141 (h) of the House Rules, ‘A Member shall not acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by the Member that is approved or adopted by Congress during the Member’s term’,’ Frasco said.
‘Yet as a shareholder of construction firms that secured contracts funded by the GAA, and as co-conspirator in the insertion of billions for projects that benefited himself and his cohorts, Co clearly breached this rule, among other existing laws,’ he added.
According to Frasco, any accountability demanded from Co must extend to the party-list involved, as it may set a dangerous precedent.
‘Accountability must extend beyond individuals. If consequences are limited only to a nominee, Congress sets a dangerous precedent: that members can violate rules, resign to avoid expulsion, and leave their party untouched. To protect the integrity of our institutions, Ako Bicol Partylist must face investigation, sanction, and, if warranted, disqualification,’ he noted.
But Garbin said that the party-list law defines organizations as ‘separate juridical entities from their nominees.’
‘Equally important is the attempt to conflate Zaldy Co’s personal accountability with that of Ako Bicol Party-list. The Party-list System Act clearly defines party-list organizations as separate juridical entities from their nominees. To punish Ako Bicol for unproven allegations against one nominee would not only contravene the principle of separate juridical personality but disenfranchise the millions of Bicolanos who vested their trust in Ako Bicol,’ he said.
‘Morally, Zaldy Co’s act of resignation is not an abandonment, but a sacrifice. It demonstrates respect for institutional integrity, allowing investigations to proceed free of any suspicion of undue influence. Practically, it ensures that legislative work continues unhampered, as Ako Bicol remains steadfast in serving its constituents. To portray this as ‘impunity’ is to twist an act of humility into an act of arrogance,’ he added.
Co is currently facing a myriad of issues regarding the 2025 national budget and the infrastructure project scandal.
At the Senate blue ribbon committee hearing, contractor-couple Pacifico and Sarah Discaya named several lawmakers, including Co who allegedly asked for and received kickbacks from infrastructure projects, after their firms were able to bag government contracts.
Last Tuesday, Henry Alcantara and Brice Hernandez, former officials of the ent of Public Works and Highways – Bulacan First District Engineering Office tagged Co and other lawmakers as allegedly involved in the kickbacks scheme for infrastructure projects.
Aside from this, Co is also criticized as Sunwest Corporation which he co-founded eventually figured as one of the top 15 contractors for flood control projects.