Legal arguments intensified at the Sandiganbayan Second Division on Tuesday as Senator Jinggoy Estrada’s defense team formally contested state prosecutors’ efforts to dismiss graft charges against former Public Works and Highways Secretary Manuel Bonoan.
The confrontation arose after it was revealed that Estrada’s lawyers had submitted a formal opposition just a day prior.
The Office of the Ombudsman had previously requested to modify the original charge sheet to drop Bonoan, intending to turn the former department chief into a state witness for Estrada’s trial and broader investigations into flood control anomalies.
Presiding Justice Geraldine Econg, who heads the Second Division, closely examined the state’s petition, raising questions regarding the legal justification for removing an individual who has already been formally indicted. Although prosecutors pointed to Rule 110, Section 14 of the Rules of Court—which permits amendments to a criminal information—the defense countered that the modification would create an unfair disadvantage.
Atty. Laurence Arroyo, representing Senator Estrada, contended that the anti-graft court should deny the motion. He emphasized that because the senator has already entered his plea, dropping a major co-accused fundamentally reshapes the prosecution’s original framework.
“The accused [Estrada] has been arraigned and we take the position that the prosecution proposes a substantial amendment. Their amendment will alter the availability of defenses and evidence under the original information,” Arroyo told the court.
The defense lawyer further noted that the initial charge was predicated on the two officials operating in tandem.
“The information states that Bonoan and Estrada conspired with each other in the crime. It will be converted into a charge where the only defendant left is Estrada. It alters… the facts and availability of defenses,” he explained.
Conversely, the prosecution team maintained that while Bonoan was originally named an active participant in the alleged anomalies—which involve kickback schemes, budget alterations, and flood control initiatives—converting him into a witness would not weaken the core charges against the senator.
Following the oral arguments, Presiding Justice Econg announced that the motion to amend the information has been officially submitted for the court’s final ruling.
Bonoan attended the afternoon proceedings in person, arriving in a wheelchair. His legal representative informed the magistrates that the former cabinet official is facing ongoing medical challenges, particularly volatile heart rates.