MANILA, Philippines — The Sandiganbayan's Second Division has denied the motion of Senator Jinggoy Estrada and former Department of Public Works and Highways secretary Manuel Bonoan to quash and dismiss the case, suspend the proceedings and remand the case back to the Ombudsman in relation to the flood control scandal in Bulacan.
The two are charged with the violation of section E of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which stated that they caused "undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence,"
In its decision during the hearing on Wednesday, Presiding Justice Geraldine Faith Econg, division chairman, said that the information filed by the Ombudsman against Estrada did not constitute an offense.
The defense team contended during the hearing that both Estrada and Bonoan "did not identify the functions" that satisfy one of the elements of the case,
However, the proseuction countered that both Estrada and Bonoan conspired in the crime, noting that Estrada asked allocations worth P855 million.
Econg also noted that the case should not be dismissed, noting that even if Estrada only received an affidavit from the National Bureau of Investigation, he prepared a counteraffidavit, which she said did not refute the allegations made against him.
With all of their motions denied, Estrada, who appeared via videoconference, did not set a plea for his arraignment. The anti-graft court instead entered a not guilty plea for him.
Meanwhile, Bonoan's lawyers noted that their client did not appear due to an angiogram at The Medical City, where he was transferred from the PNP General Hospital.
