Sandigan allows hospital detention for Bonoan

MANILA, Philippines — The Sandiganbayan Fifth Division has partially granted the motion of former Department of Public Works and Highways (DPWH) secretary Manuel Bonoan to be placed under hospital detention while his plunder and graft cases linked to the multibillion-peso flood control scandal are pending.

The anti-graft court, however, ordered that Bonoan be confined at the Philippine National Police (PNP) General Hospital at Camp Crame in Quezon City, instead of his preferred medical facility, The Medical City in Pasig City.

In seeking hospital arrest, the 80-year-old Bonoan cited several serious medical conditions that require “constant special medical attention.”

Based on medical certificates submitted to the court, Bonoan is suffering from Stage 4 chronic renal disease, hypertension, diabetes, gouty arthritis, spondylolisthesis, dyslipidemia, prostate cancer, severe coronary artery disease and left atrial and ventricular enlargement.

His health status was described as “frail, necessitating careful vigilant monitoring” and doctors advised him to avoid stress, strenuous activity, heat and congested environments because of the high risk of infections and cardiac events.

In its ruling, the Sandiganbayan acknowledged that when life-threatening conditions exist, an accused’s right to life and health prevails over the enforcement of mandatory detention.

It found that Bonoan had sufficiently established that detention in a regular jail facility would pose a real and imminent danger to his life, citing medical certificates detailing his “delicate and immunocompromised state which cannot be properly treated or managed within regular jail facilities or nearby government hospitals.”

“Due to accused Bonoan’s present health condition, his detention in a regular jail facility would not ensure his presence at trial but in fact, risks jeopardizing his health/life even before justice is served, which completely defeats the purpose of the justice system,” the seven-page resolution read.

The court also noted Bonoan’s return to the country in January to cooperate with the Senate Blue Ribbon committee after staying abroad, as well as his surrender to the Sandiganbayan after warrants for his arrest were issued.

“Their overt acts reflect the accused’s respect for the legal processes,” it said.

“Accused Bonoan is still a detention prisoner prior to conviction. While his charge is non-bailable, his detention is strictly preventive to flight, not punitive,” it added.

Interior Secretary Jonvic Remulla said authorities would comply with the Sandiganbayan’s order placing Bonoan under hospital arrest at the PNP General Hospital. — Emmanuel Tupas