Prosecution hits ‘trial and error’ in Zaldy Co case

MANILA, Philippines — The prosecution on Tuesday slammed the defense counsel of one of former Ako Bicol Rep. Zaldy Co’s co-accused in a malversation case for what it deemed “trial and error” regarding their final witness, a remark the lawyer took exception to.

Ultimately, the Sandiganbayan Sixth Division allowed the presentation of Jose Sumangil from the Department of Public Works and Highways’ (DPWH) Administrative Division in Region IV-B as a witness next week.

READ: Witness: DPWH yet to give Sunwest P14M meant to fix defects

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The court tackled the manifestation of project engineer Casuno, through his counsel Dustin Jay Condez, seeking to allow the presentation of Sumangil.

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“After due deliberation … we will allow the presentation of the witness,” said Associate Justice Kevin Vivero.

Prior to this, prosecutor Peter Jedd Boco said the prosecution “vehemently objects” to the presentation of Sumangil.

Boco stressed that the witness did not appear in the pretrial order or the list of substitute witnesses.

The prosecutor also noted that this is the third time Casuno has attempted to present a witness to testify on the unavailability of equipment needed to check if the steel sheet piles (SSP) are compliant with the requirement.

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The P289-million project of Sunwest in Naujan town was supposed to have 12-meter SSPs, but an inspection by DPWH chief Vince Dizon revealed that it only had 3-meter SSPs.

“It’s like trial and error on his part,” Boco said of Casuno’s lawyer.

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Condez, in response, said he “took exception” to the prosecutor’s “trial and error” remarks.

“It is never the intention,” Condez said. “It has been shown that we have been trying to find witnesses.”

“One witness after the other would point us to another division and office regarding that,” the defense counsel further stressed.

Sumangil issued a certification on Oct. 5, 2026, stating that no equipment was available for the undertaking as of March 2024.

READ: Accused ex-DPWH exec says he didn’t know Sunwest worked at night

Boco questioned the relevance of the certification.

“Anyway, the prosecution can cross-examine the witness,” Vivero said, while issuing a “stern warning” that Sumangil should be Casuno’s last witness.

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Casuno, for his part, will continue his testimony to defend himself on Tuesday, Oct. 13. /das