Sandiganbayan to Rule on Ex-DPWH Secretary's State Witness Status

The Sandiganbayan Second Division has concluded its oral arguments and is poised to decide whether former Public Works Secretary Manuel Bonoan can be discharged as a co-accused and allowed to testify against Senator Jinggoy Estrada. This decision could have implications for other flood control cases currently under investigation by the ombudsman. Second Division Chairperson Geraldine Econg stated that matters requiring review were discussed "to make sure we are correct in our position." She added, "We would like to render a full-blown resolution, making necessary justification on the decision we have now come up with in our discussion today." During the oral arguments on the Office of the Ombudsman’s motion to have Bonoan discharged as Estrada’s co-accused, state prosecutors contended that altering case details is permissible since Bonoan has not yet formally entered a plea, citing existing jurisprudence. However, Estrada’s lawyers strongly opposed the move, arguing that allowing Bonoan to escape charges undermines the government's original claim of conspiracy between the two, placing the senator at a disadvantage. "There is nothing in the proposed amendment that would show secretary Bonoan remains complicit," stated Estrada’s lawyer Laurence Arroyo. Arroyo further argued that no amendments should be made as his client had already been arraigned. During his arraignment on June 4, the Sandiganbayan entered a not guilty plea for the senator after he refused to enter one. Conversely, citing jurisprudence where respondents were discharged before arraignment, ombudsman prosecutors argued that while Estrada had been arraigned, Bonoan, the subject of the discharge motion, had not. Bonoan, 80, appeared in court in a wheelchair, assisted by Philippine National Police (PNP) officers. His counsel, lawyer Edward Ong, indicated they would adopt the ombudsman’s motion. Econg clarified that the court does not dispute the prosecution's prerogative to select its witnesses or drop an accused for state use. If the court rules for formal discharge, prosecutors must prove Bonoan's testimony is essential and he is not the most guilty party. "Once we settle that matter, we’re done. No dispute, you can utilize anyone," Econg explained. The motion is now up for resolution, but no definite date was given. The ombudsman’s move to turn Bonoan into a state witness aims to leverage his extensive institutional knowledge of the Department of Public Works and Highways (DPWH) to strengthen the prosecution's case. Ombudsman Jesus Crispin Remulla also cited Bonoan's deteriorating health, leading to hospital arrest at the PNP General Hospital, as a reason to perpetuate his testimony and avoid trial delays. A similar motion is pending before the Fifth Division, where Estrada and Bonoan are co-defendants in plunder charges.