MANILA — The Supreme Court has ordered Ombudsman Jesus Crispin Remulla and the Independent Commission for Infrastructure (ICI) to comment on the petition for certiorari filed by fugitive former congressman Elizaldy Co.

In a statement on Friday, Feb. 13, the high court said Remulla and the ICI have 10 days to respond to Co’s petition and his prayer for a temporary restraining order.

The Supreme Court clarified that it has not necessarily “given due course” to the petition, meaning it has not formally acted on it through the usual procedural steps. It also did not grant Co’s prayer, according to the release.

As Co is considered a “fugitive from justice,” the high court must determine whether his petition for judicial relief may proceed, given the rule that fugitives typically lose the right to seek such remedies.

Co’s petition seeks to nullify Remulla’s Nov. 14, 2025 resolution finding probable cause to file charges against him over the alleged P289.5 million anomalous flood control project in Oriental Mindoro.

The case marked the first set of criminal charges filed by the Office of the Ombudsman before the Sandiganbayan against public officials and contractors implicated in the flood control scandal. The charges were also part of the ICI’s recommendations in its first report on the project.

Co is accused of violating the Anti-Graft and Corrupt Practices Act for allegedly financially benefiting from the flood control project, as the contractor, Sunwest Inc., is a firm he co-founded.

He argued in his petition that Remulla did not afford him proper due process before filing the charges, claiming he was not notified or furnished copies of the allegations against him. He also asked the Supreme Court to dismiss the charges filed before the anti-graft court.

Co remains at large, with his last reported location in Sweden following his Jan. 15 petition. An arrest warrant against him has been in effect since Nov. 21, 2025, and his passport has been canceled since December 2025.

On Feb. 11, the National Bureau of Investigation submitted additional documents supporting the Philippines’ request to Interpol for a red notice against Co. The notice would alert Interpol member countries to locate and arrest him pending extradition.