One of 3 justices opposes move to drop Bonoan from plunder case

MANILA, Philippines — One of the three Sandiganbayan Fifth Division justices opposed the dropping of plunder and graft charges against former Department of Public Works (DPWH) chief Manuel Bonoan.

Prosecutors from the Office of the Ombudsman filed on June 29, a Motion for Leave to File Amended Information to discharge Bonoan from the two cases as the anti-graft body accepted his offer to be a state witness to testify against several personalities implicated in the multibillion flood control corruption scandal.

Bonoan is a co-accused of Sen. Jinggoy Estrada, who faces a plunder case stemming from alleged “intricate mechanism involving illegal budgetary insertions and project allocations” within the DPWH infrastructure portfolio for fiscal year 2025 worth P573 million, according to prosecutors. 

Article continues after this advertisement

Only former DPWH assistant district engineer Denryl Caesar Cortuna and district engineers Manny Bulusan and Arturo Gonzales Jr. remain as Estrada’s co-accused in his plunder case.

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

READ: Sandiganbayan drops graft, plunder charges vs Bonoan

This was the outcome of the Sandiganbayan Fifth Division’s 2-1 vote granting the prosecution’s motion as explained in a 29-page resolution dated Sept. 1 released to the media on Tuesday.

Associate Justice Gener Gito was the lone dissenting vote.

In his 32-page dissenting opinion, Gito noted that the court “is kept in the dark” as to how Bonoan would cooperate with the government, what information he would relay to the prosecution, what his testimony would be, and in which cases his testimony would be used. 

Article continues after this advertisement

“What the prosecution wants the court to do is simply accept its justification for discharging Bonoan from the information hook, line and sinker,” Gito said.

The Fifth Division resolution, however, noted that “the decision to move for the discharge of an accused is part of the Ombudsman’s prosecutorial discretion in the determination of who should be used as a state witness to bolster the successful prosecution of criminal offenses.”

Article continues after this advertisement

“Unless made in clear violation of the Rules, this determination should be given great weight as courts do not, as a rule, have a vision of the true strength of the prosecution’s evidence until after the trial is over,” the resolution said.

READ: Estrada opposes bid to drop Bonoan from graft case to be state witness

Estrada’s defense counsel opposed the prosecutor’s motion, saying it would affect the senator’s defense. Cortuna, Bulusan and Gonzales likewise opposed the motion.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

Prosecutors said the other accused, including Estrada, are expected to file a motion for reconsideration. /jpv