The Sandiganbayan Second Division has denied the Office of the Ombudsman’s motion to remove former Department of Public Works and Highways Secretary Manuel Bonoan as an accused in a graft case linked to an alleged flood control kickback scheme.
In a resolution, the anti-graft court said the motion lacked sufficient basis to amend the information and exclude Bonoan as a co-accused in the case.
The court ruled that removing Bonoan at the current stage of the proceedings could prejudice the defense of co-accused Sen. Jinggoy Estrada by altering material allegations in the information related to the basis of his alleged criminal liability.
The Sandiganbayan said the exclusion of Bonoan “would unduly restrict the defenses available” to Estrada.
However, the court clarified that its ruling does not prevent Bonoan from later becoming a state witness.
It also said the decision should not be interpreted as a judgment on the value or credibility of any testimony Bonoan may provide in the future.
According to the court, prosecutors may still file a request to discharge Bonoan as an accused and have him serve as a state witness at the appropriate stage of the trial.
The resolution stemmed from a motion filed by the Office of the Ombudsman seeking to withdraw the charges against Bonoan as part of its effort to designate him as a state witness in the alleged flood control scandal.
Bonoan is a co-accused in the plunder and graft case involving Sen. Jinggoy Estrada over alleged illegal budget insertions in infrastructure projects.
The Sandiganbayan’s ruling keeps Bonoan as an accused for now while leaving open the possibility that prosecutors may seek his discharge as a state witness later in the proceedings, subject to the court’s approval.
