MANILA, Philippines — The Sandiganbayan has rejected the Office of the Ombudsman’s request to remove former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan from a graft case, preventing prosecutors from immediately using him as a state witness against other personalities linked to the alleged flood control anomalies.
In a 12-page resolution dated Aug. 3, the Sandiganbayan Second Division said the proposed amendment to the case could prejudice Sen. Jinggoy Estrada, who faces the graft charge with Bonoan as a coaccused.
The court, chaired by Presiding Justice Geraldine Econg, found no merit in the Ombudsman’s June 29 motion seeking permission to amend the information and drop Bonoan from the case.
Associate Justice Edgardo Caldona wrote that removing Bonoan would change the prosecution’s theory from an alleged conspiracy between Estrada and Bonoan to one in which Estrada would face individual liability.
“The exclusion of his coaccused will compel him (Estrada) to prepare a different defense,” the court said.
The case stems from allegations that Estrada and Bonoan conspired to secure the inclusion of flood control projects in Bulacan in the 2025 national budget. Prosecutors allege Estrada received P213.7 million in kickbacks from the projects. Estrada has denied the allegations.
The Ombudsman sought Bonoan’s discharge as a state witness as prosecutors prepare a separate case involving former House Speaker and Leyte Rep. Martin Romualdez.
Assistant Ombudsman Mico Clavano previously said Bonoan could provide important information because he dealt directly with lawmakers and Cabinet officials during his tenure as DPWH chief.
Estrada opposed the motion, arguing that removing Bonoan would alter the allegations against him and force him to adopt a different defense.
The Sandiganbayan agreed, saying Bonoan’s continued presence as a coaccused could affect the presentation of evidence and the determination of the alleged roles of both defendants.
The court also said that if prosecutors discharged Bonoan, he could take an adversarial position against Estrada and potentially shift blame to the senator.
However, the court clarified that its ruling does not permanently prevent prosecutors from seeking Bonoan’s discharge as a state witness.
“The prosecution is not precluded from subsequently seeking accused Bonoan’s discharge as a state witness,” the court said, provided prosecutors seek the discharge at the appropriate stage and meet the requirements under the rules.
The P213.7 million allegedly linked to the Bulacan projects forms part of the P573 million in alleged kickbacks involved in a separate plunder case against Estrada before the Sandiganbayan Fifth Division.
Prosecutors have also asked the Fifth Division to discharge Bonoan as a state witness in that case. Estrada has opposed the request, which remains pending.
Estrada faces one plunder charge and two graft charges stemming from allegations involving illegal budget insertions and infrastructure project allocations within the DPWH.
