Estrada to pursue legal remedies after ex-DPWH chief dropped from plunder case

SENATOR Jose “Jinggoy” P. Ejercito Estrada, Jr. said he would pursue legal remedies after the Sandiganbayan allowed former Public Works Secretary Manuel M. Bonoan to be dropped as a co-accused in the plunder case against him. “While I respect the decision of the Sandiganbayan, I wish to emphasize that there remain legal remedies available to me under our judicial system, which my legal team will carefully study and pursue at the appropriate time,” Mr. Estrada said in a statement on Tuesday. The Sandiganbayan Fifth Division on Monday granted the prosecution’s request to amend the Informations in the plunder and graft cases, excluding Mr. Bonoan as an accused and allowing him to cooperate with the Ombudsman. The prosecution sought his exclusion after Mr. Bonoan offered information, testimony and evidence on infrastructure projects during his tenure as secretary of the Department of Public Works and Highways (DPWH). The Ombudsman found sufficient basis to exclude him, saying his cooperation was indispensable to “uncover the architecture that may have set the entire machinery in motion.” The cases accuse Mr. Estrada and former DPWH officials of conspiring to obtain kickbacks from infrastructure projects. The amended plunder Information alleges that the group amassed P573.75 million in ill-gotten wealth through supposed 25% “commitments” from projects, including P360 million from projects in the National Capital Region and Occidental Mindoro, and P213.75 million from projects in Bulacan. The anti-graft court said Mr. Bonoan’s exclusion would not prejudice the remaining accused, who could still challenge the allegations and cross-examine him if he testifies. In his dissent, Associate Justice Gener M. Gito said the court should not rely on the Ombudsman’s determination to remove Mr. Bonoan after the Informations had been filed. “If there is prima facie evidence with reasonable certainty of conviction on the part of Bonoan, why discharge him in the first place?” he said. Mr. Gito said the Ombudsman’s discretion in choosing whom to prosecute and use as witnesses remains subject to judicial safeguards. “Thus, the Ombudsman’s prosecutorial discretion cannot displace the court’s judicial authority or circumvent the procedural safeguards afforded to the other accused.” Meanwhile, Mr. Estrada said he would continue to trust the courts and pursue legal remedies to clear his name. The Sandiganbayan has scheduled Mr. Estrada’s arraignment for Sept. 3. — Mark Joseph M. Sanchez