MANILA, Philippines — The Sandiganbayan Second Division has wrapped up its oral arguments and is set to rule on whether former public works secretary Manuel Bonoan can be discharged as a co-accused and allowed to testify against Sen. Jinggoy Estrada, a decision that could impact other flood control cases currently under investigation by the ombudsman.
Second Division chairperson Geraldine Econg explained that there were matters requiring review “to make sure we are correct in our position.”
“We would like to render a full-blown resolution, making necessary justification on the decision we have now come up with in our discussion today,” Econg said during the hearing following the oral arguments laid out by state prosecutors and Estrada’s lawyers.
During oral arguments on the Office of the Ombudsman’s motion to have Bonoan discharged as co-accused of Estrada, state prosecutors argued that changing the case details is allowed since Bonoan hasn’t officially entered a plea yet, citing existing jurisprudence.
However, Estrada’s lawyers strongly opposed the move, arguing that letting Bonoan off the hook destroys the government’s original claim that the two men worked together, placing the senator at an unfair disadvantage.
“There is nothing in the proposed amendment that would show secretary Bonoan remains complicit,” Estrada’s lawyer Laurence Arroyo told the court.
Arroyo also argued that no amendments to the case should be made as his client had already been arraigned. During his arraignment on June 4, the Sandiganbayan entered a not guilty plea for the senator as he refused to enter a plea.
However, citing jurisprudence where respondents in a case were discharged before being arraigned, ombudsman prosecutors argued that while Estrada had been arraigned, Bonoan, who is the one being eyed for discharge, has not.
Bonoan, in a wheelchair, was present during the hearing, arriving past 3 p.m. assisted by Philippine National Police (PNP) officers.
During the hearing, his counsels were asked what they thought of the ombudsman’s motion, with lawyer Edward Ong saying they would adopt the motion.
Econg clarified that the court does not dispute the prosecution’s prerogative to choose its witnesses or drop an accused for use by the state.
If the court rules that the formal discharge process applies, prosecutors will be required to justify their move by proving to the court that Bonoan’s testimony is absolutely necessary and that he is not the most guilty party involved.
“Once we settle that matter, we’re done. No dispute, you can utilize anyone,” Econg explained.
Econg said the motion is now up for resolution, but gave no definite date on when it would be resolved.
The ombudsman’s move to turn Bonoan, 80, into a state witness follows a signed cooperation agreement aimed at securing his vast institutional knowledge of the Department of Public Works and Highways to bolster the prosecution’s case.
According to Ombudsman Jesus Crispin Remulla, Bonoan’s deteriorating health, which has kept him under hospital arrest at the PNP General Hospital, also prompted the move, as prosecutors urgently seek to perpetuate his testimony and avoid delays in the trial.
A similar motion is pending before the Fifth Division, where Estrada and Bonoan are co-defendants in plunder charges.