MANILA — The Sandiganbayan has refused to remove former Public Works Secretary Manuel Bonoan from the graft case involving the alleged P855-million flood control project in Bulacan, ruling that his exclusion after Sen. Jinggoy Estrada had already been arraigned would substantially alter the charges and could prejudice Estrada’s right to a fair defense.
In a 12-page resolution dated Aug. 3, the anti-graft court’s Second Division denied the prosecution’s motion to drop Bonoan as an accused, noting that while Estrada had already entered his plea, Bonoan’s arraignment was merely postponed because of health reasons.
The court ruled that removing Bonoan from the information at this stage would constitute a substantial amendment to the charges, which is no longer allowed after the arraignment of one of the accused.
According to the Sandiganbayan, Bonoan’s continued inclusion in the case remains significant because it could influence the presentation of evidence, the determination of the respective participation of the accused, and the court’s resolution of issues surrounding the alleged offense.
The anti-graft court also said that excluding Bonoan as an accused could restrict the legal defenses available to Estrada during the trial.
Despite rejecting the prosecution’s motion, the Sandiganbayan clarified that prosecutors are not barred from later seeking Bonoan’s discharge as a state witness, provided they are able to meet the requirements prescribed under the Rules of Court.
The court likewise emphasized that its ruling should not be construed as a determination of the credibility or evidentiary value of any testimony Bonoan may eventually give.
The case arose from allegations that Estrada and Bonoan facilitated the inclusion of the Bulacan flood control projects in the 2025 national budget and ensured that the contracts were awarded to preferred contractors in exchange for approximately P213 million in alleged kickbacks from the P855-million project.
Both Estrada and Bonoan have denied the allegations./PN
