MANILA — The Sandiganbayan has ordered the seizure of at least 16 properties belonging to former House appropriations committee chairperson Zaldy Co of the Ako Bicol party-list in connection with graft charges linked to an allegedly substandard flood control project in Oriental Mindoro.

The order seeks to secure the possible payment of P215 million in civil liability should Co be found guilty of the charges.

The anti-graft court granted the prosecution’s Ex-Parte Motion for Issuance of Writ of Preliminary Attachment against Co and his wife, Mylene, covering the 16 real estate properties.

In its ruling, the court said the seizure is allowed under Rule 127 of the Rules of Court on Provisional Remedies in Criminal Cases, which permits the government—as the offended party—to attach the property of the accused as security for any judgment that may be recovered.

The rule applies in cases involving money or property that was allegedly embezzled, fraudulently misapplied, or converted by a public officer or other persons acting in a fiduciary capacity, as well as cases involving willful violation of duty.

“We grant the prosecution’s motion. The present case squarely falls within the ambit of Section 2(b), Rule 127, as it is predicated on a claim involving public funds allegedly embezzled, fraudulently misapplied, or converted by the accused Department of Public Works and Highways officers in conspiracy with the accused Co,” the Sandiganbayan said.

The court also noted that the issuance of a writ of preliminary attachment under Rules 57 and 127 requires the presence of fraud arising from actions indicating an intent to defraud creditors, such as concealing or disposing of property.

“Such fraud is inherent in a violation of Section 3(e) of RA No. 3019, the Anti-Graft and Corrupt Practices Act, when evident bad faith is alleged, as in the present case,” the court said.

According to the court, an Affidavit of Merit submitted by the Office of the Ombudsman detailed the alleged fraudulent scheme involving the flood control project.

The affidavit said the accused public officials allegedly conspired to certify supporting documents as accurate despite major discrepancies in the steel sheet piles used in the project, which measured only 3 meters instead of the required 12 meters.

The court added that Sunwest, Inc.—which Co allegedly helped establish and benefit from—had no legal right to the P215 million it received, and that the documents used to justify the payment were falsified and intended to deceive.

The Sandiganbayan further said the prosecution confirmed in its Affidavit of Merit that there is no other sufficient security to cover the government’s claim.

“Unless his properties are immediately attached, the State may be unable to satisfy any future judgment, as accused Co may easily alienate or conceal his remaining assets in the Philippines,” the court said.

“Let a Writ of Preliminary Attachment issue against accused (Co), requiring the Sheriff of this court to attach so much of his property in the Philippines…as may be sufficient to satisfy the applicant’s demand, in an amount not exceeding P215 million,” it added.