MANILA – The Sandiganbayan has denied a prosecution motion seeking to remove former Public Works Secretary Manuel Bonoan as an accused in a graft case involving Senator Jinggoy Estrada over the alleged receipt of PHP213 million in kickbacks linked to an PHP855-million flood control project in Bulacan.

In a 12-page resolution dated Aug. 3, the anti-graft court’s Second Division ruled that the motion lacked merit, saying the proposed amendment to the information would prejudice Estrada, who had already been arraigned.

Bonoan’s arraignment has yet to take place after it was postponed due to health concerns.

The court said the prosecution’s proposed amendment was substantial rather than merely formal.

“(S)ince 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,” the court said.

It added that removing Bonoan as a co-accused at this stage could limit the defenses available to Estrada and affect the presentation of evidence during trial.

“At this stage of the proceedings, the Court finds that the exclusion of accused Bonoan would unduly restrict the defenses available to accused Estrada. Accused Bonoan’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,” it added.

The court, however, said the prosecution may still seek to present Bonoan as a witness in the case if the requirements under the rules are satisfied.

“This, however, does not prejudge accused Bonoan’s potential value as a possible witness for the prosecution, nor does it pass upon the credibility or probative weight of any testimony he may give later on,” the court said.

“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,” it added.

Estrada and Bonoan are accused of allegedly ensuring that the flood control projects were included in the 2025 national budget and that the contracts were awarded to selected contractors, resulting in alleged unwarranted benefits, advantage or preference for the contractor involved./PNA