THE Sandiganbayan Second Division on Monday denied the prosecution’s bid to amend the information to exclude former Department of Public Works and Highways secretary Manuel Bonoan from graft charges in connection with the corruption tied to the government’s flood control projects.
This means Bonoan will remain a co-accused in a multi-million-peso graft case alongside Sen. Jinggoy Estrada.
In a 12-page resolution promulgated on Aug. 3, the anti-graft court rejected the prosecution’s motion to remove Bonoan from the information before his arraignment.
The Office of the Ombudsman filed the motion on June 29, saying Bonoan’s exclusion from the case was needed to secure his cooperation and testimony as a state witness in the investigation and prosecution of related offenses.
Prosecutors originally alleged that Estrada and Bonoan conspired in diverting funds intended for flood control projects.
The Sandiganbayan said removing Bonoan from the case would alter the allegation to hold Estrada liable for allegedly acting “by himself and/or through“ Bonoan.
Prosecutors argued that because Bonoan had not yet been arraigned, removing him from the charge sheet would only constitute a formal amendment and would not prejudice co-accused Estrada, who entered a not guilty plea on June 4.
The senator’s lawyers opposed the motion, arguing that dropping Bonoan as a co-accused would substantially change the prosecution’s theory of the case.
The Sandiganbayan, however, said the denial does not prejudge the potential of Bonoan to act as a state witness nor does it throw away the value of whatever testimony he may give related to the purported kickback scheme from flood control projects.
“The prosecution is not precluded from subsequently seeking accused Bonoan’s discharge as a state witness as it remains at liberty to seek his discharge at the appropriate stage of the proceedings, provided that the requisites under the rules are met,” part of the court’s resolution reads.
The case stems from allegations that Bonoan and Estrada schemed to reduce funding for infrastructure and flood control projects in Bulacan by P213.75 million between July 2024 and March 2025.
The OMB alleged this was to facilitate “kickbacks” from contractors who were awarded the projects.
