Manila: The Sandiganbayan on Monday denied for lack of merit a motion filed by prosecutors to exclude former public works secretary Manuel Bonoan from graft charges against him and Senator Jinggoy Estrada, arising from the alleged PHP213 million in kickbacks from an anomalous PHP855-million flood control project in Bulacan.
According to Philippines News Agency, the anti-graft court's Second Division, in its 12-page resolution dated Aug. 3, stated that allowing the prosecution to exclude Bonoan would unduly prejudice Estrada, who had already been arraigned. Bonoan's own arraignment had been postponed due to health concerns.
The court emphasized that since Estrada has already been arraigned, the prosecution's proposed amendment was substantial rather than formal, and thus, the original information could not be amended without infringing upon the rights of the accused. "At this stage of the proceedings, the Court finds that the exclusion of accused Bonoan would unduly restrict the defenses available to accused Estrada," the court elaborated. "Accused Bonoan's participation as a co-accused may bear upon the presentation of evidence, the determination of the parties' respective roles and the full ventilation of the issues surrounding the alleged offense."
Moreover, the court indicated that the prosecution is still at liberty to call Bonoan as a witness in its case. "This, however, does not prejudge accused Bonoan's potential value as a possible witness for the prosecution, nor does it pass upon the credibility or probative weight of any testimony he may give later on," the court noted. The prosecution retains the option to seek Bonoan's discharge as a state witness at an appropriate stage of the proceedings, provided the necessary requisites are met.
The charges against Estrada and Bonoan are rooted in allegations that they ensured the inclusion of certain projects in the 2025 national budget, with contracts awarded to selected contractors, thereby providing unwarranted benefits, advantages, or preferences to these contractors.
