The Second Division of the Sandiganbayan denied the prosecution's request to remove former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan as co-accused and instead make him a state witness in the graft case involving Senator Jinggoy Estrada.
In a decision released on Monday, the anti-graft court dismissed for lack of merit the prosecution's June 29 motion seeking leave to file an amended information that would exclude Bonoan from the case. The move was intended to allow the former DPWH chief to testify in the government's broader investigation into alleged anomalies in flood control projects.
The case stems from the alleged ₱213.7-million kickback scheme involving flood control projects in Bulacan, in which Estrada and Bonoan are accused of conspiracy.
In its ruling, the Sandiganbayan said removing Bonoan as an accused would effectively eliminate the allegation of conspiracy and leave Estrada as the lone participant in the alleged unlawful acts attributed to the former DPWH secretary.
The court also noted that Estrada had already been arraigned on June 4, making it improper to substantially amend the charges without violating his constitutional right to due process.
Despite denying the motion, the Sandiganbayan clarified that the prosecution is not permanently barred from seeking Bonoan's discharge as an accused in the future. The court said he may still be considered as a state witness at the appropriate stage of the proceedings, provided the prosecution can establish that all legal requirements for such a discharge have been satisfied.
With the ruling, the graft case will proceed with both Estrada and Bonoan remaining as co-accused.
