Sandiganbayan Denies Ombudsman's Plea to Drop Former DPWH Chief Bonoan from Graft Case

The Sandiganbayan, the anti-graft court in the Philippines, has denied the Ombudsman's request to drop former Department of Public Works and Highways (DPWH) chief Manuel Bonoan as a co-accused in a graft case involving Senator Jinggoy Estrada. In a 12-page resolution dated August 3, the 2nd Division of the Sandiganbayan stated, "Wherefore, premises considered, the Motion for Leave to File Amended Information (Re: Exclusion of Accused Manuel Manligas Bonoan) dated June 29, 2026 filed by the plaintiff is hereby denied for lack of merit." In the case, the Ombudsman alleged that the accused "conspired" with one another to receive kickbacks from flood control projects. However, the Sandiganbayan explained that the proposed amended information removes the only co-accused and purported conspirator of accused Estrada, thereby modifying the theory of criminal liability from one predicated on conspiracy to one imposing individual liability on the part of accused Estrada. Thus, the Court finds that accused Estrada will be prejudiced if the amendment will be allowed at this stage of the proceedings. The court cited Rule 110, Section 14 of the Rules of Court, which states that in amending an information where the accused has already entered a plea, it is important that the amendments will not prejudice the accused's right. However, the Sandiganbayan clarified that the decision to not drop the cases against Bonoan "does not prejudge" his potential value as the prosecution's possible witness. The Ombudsman may still push to make him a state witness, the Sandiganbayan added, stating, "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." The Ombudsman charged Estrada, Bonoan, and DPWH National Capital Region officials in May with plunder and graft over an alleged kickback scheme in the DPWH. The Ombudsman alleged that "an accumulated sum of illicit payouts amounting to an aggregate sum of over P573 million" were delivered to the senator. Bonoan was arrested and held under custody. Before Bonoan’s arraignment on July 1, the Ombudsman filed a motion for leave to file an amended information to exclude Bonoan from the case and to secure his cooperation and testimony for the prosecution. Estrada’s camp opposed the motion, and the court then held a hearing to tackle the motions. – Rappler.com