Tiago da Costa Andrade comments to Nikkei Asia on the challenges of extraditing a former Philippine lawmaker

Tiago da Costa Andrade, principal associate at Morais Leitão, commented to Nikkei Asia on the legal obstacles faced by the Philippine authorities in their attempt to repatriate Elizaldy “Zaldy” Co, a former Philippine lawmaker and suspect in a corruption scandal involving public funds allocated to flood control.

The Philippine government has publicly acknowledged the difficulties in bringing the suspect to justice, with the possibility that Zaldy Co may have Portuguese nationality and the fact that Portugal does not have a bilateral extradition treaty with Manila being key issues. The former politician, who chaired the House of Representatives’ appropriations committee, is named as a suspect in three cases related to the alleged misappropriation of public funds. According to the Philippine Ministry of Finance, these acts are estimated to have caused economic losses of around 118.5 billion pesos since 2023. Zaldy Co resigned from Parliament in September and left the country shortly thereafter, and is reportedly residing in Portugal.

In comments to Nikkei Asia, Tiago da Costa Andrade explained that, in general terms, Portugal accepts extradition requests where the relevant legal requirements are met. He stressed, however, that the extradition of Portuguese nationals is only admissible in very specific circumstances, namely where provided for under international treaties binding on Portugal, on the basis of reciprocity, where the offences amount to organised international crime, and where the requesting state provides guarantees of a fair and equitable trial.

He added that any extradition request would require an assessment of the Philippine legal system in light of Portuguese and European human rights standards. He also noted that, although Portugal and the Philippines are both signatories to the United Nations Convention against Corruption, this instrument cannot, in itself, serve as a legal basis for extradition, as the Philippines expressly declared that it does not recognise the convention as an autonomous ground for extradition cooperation.

Tiago da Costa Andrade further highlighted that, as Portugal is part of the Schengen Area, the suspect may benefit from freedom of movement across several European countries. However, should Portuguese nationality be confirmed, any extradition request would have to be addressed to the Portuguese authorities.

Read the full commentary here.