Why Manila faces hard legal path in Prague over Zaldy Co

MANILA, Philippines (Updated 10:53 a.m.) — Justice Secretary Fredderick Vida left for the Czech Republic on Thursday, April 23, with a singular intent: to bring Zaldy Co back.

The Marcos administration has set the mission to retrieve a supposed detainee as linear with urgency and certainty.

"We will bring Zaldy Co home and we will do so in accordance with the law. He will answer to the Filipino people," President Ferdinand Marcos said.

Vida's legal route once he lands, however, would not be as straightforward. 

Co was reportedly held at the Czech-German border over incomplete documents—presumably a European passport—and was placed under Czech custody.

The case had not yet reached the Czech capital of Prague, where officials have been far more restrained, pointing to a process at its early stages. 

"We do not comment on indvidual cases," Czech Interior Ministry spokesperson Hana Malá said, as quoted by local news outlet Seznam Zprávy, on April 17.

Spokesperson Marketa Androva said on April 20 that the Czech Justice Ministry had yet to receive information about Co. Police, she said, were "currently checking the circumstances" surrounding his detention.

On April 21, Androva also refused to provide details.

"At this moment, the Ministry of Justice is in contact with the Ministry of the Interior and the Police of the Czech Republic. Until the current status of the case is verified, we cannot provide any information," the official told GMA News in a correspondence.

There are no indications so far of formal talks on an immediate handover of the former lawmaker to Philippine custody.

Treaty route

The Philippines, which has no extradition treaty with the Czech Republic, has limited options by which to demand Co's return to Manila.

Vida said the Philippines may invoke the United Nations Convention Against Corruption—of which the two countries are a party—as basis for cooperation between governments for Co's deportation.

"If you ask, why is Secretary Vida confident? ... Because I know, we know, that the Czech Republic would not tolerate this. They would not allow it, right? That the objective to hold those accountable would be obstructed, just because they hid overseas," Vida on Wednesday, April 21, speaking in Filipino.

In this case, Manila may formally request the extradition of Co, who faces corruption charges for siphoning off hundreds of millions in flood control funds. Article 44 of the anti-corruption convention covers corruption offenses as reasons for extradition.

Should Prague refuse an outright extradition, the same article requires it to "submit the case without undue delay to its competent authorities for the purpose of prosecution."

Even without extradition, at the very least, Article 46 of the treaty allows Vida, on behalf of the the government, to seek assistance such as in taking evidence and freezing assets of the alleged corruption offender.

"States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy," Article 46(8) of the convention states.

Deportation route

For International law professor Rodel Taton, Co's return can be through a deportation case, instead of extradition, which could take longer.

"Deportation is unilateral, meaning it is an action by the state where he was seen," Taton said said over dzBB in mixed Filipno and English.

Co's reported lack of documentation could put him squarely in that lane. "He entrance to Prague or Czech Republic was violation of immigration law. So actually, deportation is the proper procecure for him," Taton added.

Similar tactics

The tactic of sending a ranking national official to another country where a suspect of a high-profile case may be rare, but it is not without precedent.

In October 2024, then-Justice Secretary Jesus Crispin Remulla traveled to Timor-Leste to seek the deportation of former lawmaker Arnolfo Teves, who faces charges of murder and violation of anti-terrorism laws.

Timor-Leste, which at first invoked its laws in refusing to turn Teves over, agreed to his deportation the following year, in May 2025, after finding that he did not have a valid passport to continue his stay in the country.

A similar situation may make Co's return more circuitous.

Taton said Czech laws are likely to be applied in a process Prague may still be defining for itself. "Their domestic laws will deal with him first, particularly because immigration laws were violated," he said.

Co's recourse

Co, the resigned Ako Bicol party-list representative who presumably has the resources to obtain legal cover, may also opt to delay the deportation process by applying for asylum.

Taton said Co may claim he is in danger of persecution in the Philippines on account of politics, or any such reason.

"Take note, this is again a matter of argument, because this is not a case of persecution but prosecution. It is prosecution because of the graft and malversation cases. But that may still be the line he tries to use," Taton said.

Reason for his application for refugee status, despite not having factual basis, could slow down the process of his return, Taton argued.

"Because the determination of status as an asylum seeker or refugee has its own processes, and sometimes there are mechanisms that suspend even the deportation case," he said.

Co's detention due to illegal entry could entail having to stay in Prague, but Czech authorities may also opt to agree to negotiations for his return.

"If I were the local state, I would immediately deport him para bawas na rin sa problema namin as a country," Taton said. — Camille Diola

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Editor's Note: Update qualifies Zaldy Co's status as a supposed detainee, and adds quotes from the Czech side. It was President Bongbong Marcos who announced on April 16 that the former lawmaker was "detained" in the Czech Republic. The Department of Justice spokesperson on Friday, April 24, however, said the agency has no details on what intervention was made when Co was caught on the border.