Extradition of Zaldy Co unlikely to boost President Marcos Jr.'s image

INTERNATIONAL law expert Melissa Loja said on Wednesday that talk of extraditing former Ako Bicol Party-list representative Zaldy Co from Portugal would not improve President Ferdinand Marcos Jr.’s public standing and was unlikely to succeed under existing legal frameworks. In an interview with The Manila Times, Loja said extradition treaties are generally forward-looking and rarely apply to crimes that were allegedly committed before a treaty enters into force. She explained that negotiating a treaty specifically to pursue one individual would not only be legally problematic but could also be diplomatically offensive. “It would be an insult to Portugal to negotiate an extradition treaty solely to grab Zaldy Co,” Loja said, noting that extradition agreements are meant to govern long-term cooperation between states rather than single cases. Loja added that most extradition treaties include safeguards against politically motivated prosecutions. While plunder is classified as a serious offense, she said the case being built against Co could be perceived as politically driven. She argued that Co appeared to be positioned as a “sacrificial lamb” to deflect scrutiny from other political figures, including members of the Marcos and Romualdez families. Such circumstances, she said, could trigger treaty provisions that bar extradition when charges are linked to political agendas. Loja also questioned the government’s handling of the issue, pointing out that statements on extradition were being made by the Department of the Interior and Local Government rather than agencies with formal jurisdiction over international legal cooperation. “To task the DILG secretary rather than the DOJ or the DFA secretary to speak about extradition deliberately mangles the process,” she said, stressing that extradition negotiations fall under the authority of the Department of Justice and the Department of Foreign Affairs. As an alternative, Loja said Philippine authorities could attempt a more complex legal route involving a European Arrest Warrant (EAW) if Co either already held or later acquired Portuguese citizenship. She explained that an EAW could allow Co’s transfer within the European Union, potentially opening a narrow path for extradition through another European state. Loja said this option would only be viable if the Philippines had an extradition treaty with that other European country and if that country recognized transnational corruption offenses involving acts committed partly in the Philippines and partly within its jurisdiction. However, she emphasized that this scenario would still depend on whether Philippine law clearly criminalizes transnational corruption, a requirement that could pose another legal hurdle. Loja said that without meeting these conditions, public pronouncements about extraditing Co were unlikely to translate into concrete legal action.