Sandigan rejects Bonoan as state witness in graft

MANILA, Philippines — The graft case against former Department of Public Works and Highways (DPWH) secretary Manuel Bonoan will remain for now after the Sandiganbayan junked the Office of the Ombudsman’s proposal to remove him as accused and eventually make him a state witness.

In a 12-page resolution issued yesterday, the anti-graft court’s Second Division denied for lack of merit the prosecution’s motion for leave to file an amended information. The motion sought to exclude Bonoan from the graft charge filed against him over the flood control scandal.

However, the Sandiganbayan noted that the ombudsman may still proceed with its plan to make Bonoan a state witness “at the appropriate stage of the proceedings.”

Ombudsman Jesus Crispin Remulla had said his office wanted Bonoan to testify in the corruption-related cases being eyed against former House speaker Martin Romualdez.

The camp of Romualdez has alleged that Remulla is forcing Bonoan to produce evidence against the lawmaker over the flood control scandal.

From being both accused in the charge for violation of Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, the prosecution wanted to modify a portion of the information on charges against Bonoan and Sen. Jinggoy Estrada.

The prosecution wanted to single out Estrada as the lone accused of violating Section 3(e) of RA 3019 for allegedly collecting P213,750,000 or 25 percent of kickbacks for two DPWH projects in Bulacan.

The amended information alleged that Estrada, “by himself and/or through (Bonoan),” made the insertions for the two projects in the 2025 national budget. The initial information included both Estrada and Bonoan, alleging they worked together to ensure the insertions.

The ombudsman explained “the only textual change on the information is the manner of how accused Estrada facilitated the inclusion,” while Bonoan “remains complicit in the criminal transaction but he is just being removed as co-conspirator with a view of utilizing him as state witness,” according to court records.

Estrada’s camp objected to the proposal, arguing “the amendment sought is of a substantial nature since it removes Bonoan from the Information as a co-conspirator and deletes the allegations of conspiracy, leaving him as the lone criminal defendant.”

The court said “Estrada will be prejudiced if the amendment will be allowed at this stage of the proceedings,” wherein it entered a not-guilty plea for Estrada and none yet for Bonoan.

“The amendment sought by the prosecution is substantial because it modifies material allegations of the information and affects the basis of accused Estrada’s criminal liability,” the resolution signed by Sandiganbayan Presiding Justice Geraldine Faith Econg and Associate Justices Edgardo Caldona and Gener Gito read.

The ombudsman wanted Bonoan, 80 and under hospital arrest at the PNP General Hospital, as state witness to be able to “perpetuate” his testimony, according to earlier reports.

A similar motion has yet to be resolved by the Fifth Division, which handles the plunder charges against Bonoan, Estrada and others.

Coercion?

“The legal situation where Cong. Romualdez is in is very, very difficult. As it is turning out, they (ombudsman) are really forcing evidence to come out, even when there is really none to begin with,” lawyer Ade Fajardo told “Magandang Umaga Pilipinas” over radio dzRH yesterday.

“As we can see, former secretary Bonoan is being pressured, when in fact he can only say nothing and it will be very hard to force him. You’re putting him (Bonoan) in a very precarious situation by making these certain things that he cannot really say,” Fajardo added.

Marcoleta won’t enter plea

Meanwhile, Sen. Rodante Marcoleta refused to enter a plea during yesterday’s arraignment for his case of violation of Presidential Decree 46, which prohibits public officials from receiving gifts and private individuals from giving such.

Instead, the Sandiganbayan First Division entered a not guilty plea on Marcoleta’s behalf.

In explaining his refusal to enter a plea, Marcoleta’s camp told the anti-graft court “there are several petitions related to this case… before the Supreme Court.”

The high tribunal has yet to confirm the disclosure by Marcoleta’s camp.

The senator is in jail for allegedly receiving a P20-million “gift” from a donor for his senatorial run in 2025.

On the other hand, his co-accused Aristotle Viray, who reportedly donated P20 million to Marcoleta’s campaign, pleaded not guilty to the same charge.

The court scheduled the preliminary conference and marking of exhibits on Aug. 11, 12 and 13, while the pretrial was set on Sept. 7.

Marcoleta, Viray and co-accused Joseph Espiritu and former congressman Mike Defensor – all currently detained at the New Quezon City Jail – are also facing plunder charges for the donations to Marcoleta worth P75 million.

Consolidate cases

At the same time, the camp of Uswag Ilonggo party-list Rep. James Ang Jr. wants the Sandiganbayan to merge the 14 graft cases against him into one and then junk the charge.

Ang’s lawyer Luis Vera Cruz Jr. argued there was a need to consolidate the 14 cases against Ang, distributed to the Sandiganbayan’s multiple divisions according to earlier reports, as they were all “a very simple case with allegations almost identical except for amounts of the projects.”

He also asserted that the anti-graft court “has no jurisdiction” over the cases against Ang, hence his motion to quash.

Earlier, the ombudsman announced the cases against Ang pertained to his alleged receipt of P199 million in payments from P214 million worth of contracts from the DPWH awarded to a construction firm where he allegedly had an interest.

Based on the information filed before the Second Division, the two cases against Ang were linked to projects worth around P3.4 million and P17 million, respectively. — Delon Porcalla