(MB FILE PHOTO)
The Sandiganbayan’s Fifth Division has partially granted the request of former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan to be placed under hospital arrest while facing plunder charges, citing humanitarian considerations arising from his medical condition.
In a resolution promulgated on June 4, the anti-graft court ruled that 80-year-old Bonoan may be confined at the PNP General Hospital in Camp Crame, Quezon City, while remaining under the custody of the Philippine National Police-Crime Investigation and Detection Group (PNP-CIDG).
“The court partially grants accused Bonoan’s motion,” the Fifth Division said.
Bonoan is among the respondents charged with plunder in connection with the alleged illegal budget insertions and purported kickbacks linked to DPWH projects.
The former DPWH chief had sought hospital arrest, arguing that he is already 80 years old and suffering from multiple ailments that require specialized medical attention.
In his motion, Bonoan said he is afflicted with “Chronic Renal Disease Stage IV, Hypertension, Diabetes Mellitus, Gouty Arthritis, Spondylolisthesis (L4L5), Dyslipidemia, and Prostate Cancer s/p Robotic Prostatectomy (Monitoring of Metastatic Lesions).”
Another medical certificate submitted by the defense stated that Bonoan is suffering from “Hypertensive Atherosclerotic Cardiovascular Disease, Chronic Kidney Disease stage 4, electrolyte imbalance, and Severe Coronary Artery Disease with stenosis and probable thrombus formation in his coronary arteries.”
The defense argued that Bonoan’s detention in a regular jail facility would pose a threat to his life.
“Due to recurring hospitalizations for chronic and worsening ailments, accused requires continuous clinical monitoring and immediate access to specialized emergency care. Without access to this kind of medical care, his detention poses a serious and irreparable threat to his life,” the motion stated.
Bonoan’s motion argued that humanitarian considerations warranted hospital arrest.
The prosecution opposed the motion and argued that Bonoan’s justifications were “insufficient and questionable.”
Per the prosecution, despite Bonoan’s claim that detention in a regular jail facility posed a threat to his life because of his advanced age and health condition, he was recently able to endure a 14- to 16-hour flight to and from the United States and personally attend a Senate Blue Ribbon Committee hearing.
Likewise, it argued that Bonoan had actively served as DPWH secretary from 2022 to 2025 and maintained that his illnesses did not prevent him from discharging major official duties.
The prosecution further questioned the medical documents submitted by the defense, saying the certificates were “unauthenticated photographs rather than an original or photocopy.”
The anti-graft court, however, held that humanitarian considerations justified granting a limited form of relief.
“The court acknowledges that when life-threatening conditions exist, the accused’s right to life and health takes precedence over the rigid enforcement of mandatory detentions,” the ruling stated.
“Therefore, even if the court has the duty to guarantee that the accused face the charges against him, we cannot turn a blind eye to humanitarian exigencies that present a clear and present danger to his life.”
While noting that plunder carries a no-bail recommendation, the Sandiganbayan stressed that Bonoan was not seeking provisional liberty.
“It must be emphasized that the present motion does not seek complete provisional liberty. Rather, it seeks a more restrictive alternative which is hospital arrest to preserve the life and health of an octogenarian accused while holding him safely under judicial custody,” it said.
The anti-graft court’s Fifth Division found that Bonoan had sufficiently shown the risks posed by detention in a regular jail facility.
“In here, accused Bonoan has established that his detention in a regular jail facility would pose a real, imminent and irreparable danger to his life,” the ruling stated.
The Sandiganbayan further noted Bonoan’s conduct before the filing of the charges.
“Furthermore, the court notes accused’s voluntary return to the country in January 2026 to cooperate with the Senate Blue Ribbon Committee investigation. He even submitted to the court’s jurisdiction when the warrant was issued in these cases,” it said.
“These overt acts reflect accused’s respect for the legal processes and willingness to face the charges against him.”
Under the ruling, the attending physician at the PNP General Hospital was directed to submit an independent medical evaluation report within five days to verify the findings submitted by Bonoan’s doctors.
Pending the results of the independent examination, Bonoan will remain under strict hospital arrest under the effective control and custody of the PNP-CIDG.
If continued confinement is necessary based on the recommendation of the government physician, the anti-graft court said that “a bi-weekly medical progress report on the accused’s medical status shall be submitted to the court, copy furnished the Prosecution.”
Also, the Sandiganbayan ordered that “as soon as the attending physician determines that it is safe to discharge accused Bonoan, the PNP-CIDG shall transfer him to the New Quezon City Jail in Payatas, Quezon City upon orders from the court.”
The Fifth Division further directed that “in case of emergency that should necessitate the confinement or admission of accused Bonoan to another hospital or facility other than the PNP General Hospital, the same shall be reported to the court within 48 hours.”
It also stressed that “all medical expenses, hospital bills, and costs incident to the hospital detention shall be borne exclusively by the accused.”