The Sandiganbayan Second Division on Monday denied a motion by prosecutors to drop former Public Works Secretary Manuel Bonoan as a co-accused in the graft trial of Senator Jinggoy Estrada.
In a 12-page resolution penned by Presiding Justice Geraldine Faith Econg, the anti-graft court warned that dropping Bonoan at this stage could “unduly restrict” Estrada’s defense strategies.
The court noted that maintaining Bonoan’s status as a co-accused is vital to properly examining the case and evaluating evidence.
“Accused Bonan’s participation as a co-accused may bear upon the presentation of evidence, the determination of the parties respective roles and the full ventilation of the issues surrounding the alleged offense,” the court stated.
Despite the denial, the court clarified that the prosecution can still seek to turn Bonoan into a state witness later in the trial, provided legal requirements are satisfied, without prejudging his potential testimony.
“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 resolution noted.
Citing Supreme Court precedents, the tribunal emphasized balancing the government’s duty to prosecute crimes with protecting the constitutional rights of the accused.
It highlighted that because Estrada has already been arraigned, any significant alteration to the original charges could put him at an unfair disadvantage.
“Once arraigned, an accused is entitled to rely on the allegations contained in the Information to which he entered a plea, and the prosecution cannot thereafter substantially modify the charge in a manner that may place the accused at a disadvantage,” the court asserted.
“Accordingly, since accused Estrada has already been arraigned and the proposed amendment by the prosecution being substantial rather than formal in nature, the original information cannot be amended without prejudicing the rights of the accused.”
Estrada’s legal team, led by Atty. Laurence Hector Arroyo, formally opposed the prosecution’s request on July 14, contending that removing Bonoan would drop the conspiracy allegation, rewrite the factual framework, and compromise the senator’s defense.
Ombudsman Jesus Crispin “Boying” Remulla previously indicated plans to turn Bonoan into a state witness for several cases regarding alleged flood-control project irregularities.
The graft and plunder charges—filed by the Ombudsman on May 28—stem from allegations of unauthorized budget insertions and kickbacks tied to Department of Public Works and Highways (DPWH) infrastructure projects under the 2025 national budget.