The camp of Senator Jose “Jinggoy” Estrada on Tuesday, July 14, opposed the prosecution’s motion to exclude former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan from the graft case pending before the Sandiganbayan Second Division.

Earlier, Ombudsman Jesus Crispin “Boying” Remulla announced that the prosecution would ask the anti-graft court to discharge Bonoan as a respondent so he could testify as a state witness in several cases involving alleged anomalies in flood-control projects.

During the hearing, Estrada’s counsel, Laurence Hector B. Arroyo, argued that the prosecution’s proposed amended information seeks to remove the allegation that Estrada and Bonoan conspired in the commission of the offense.

“In fact, the proposed amendment seeks to delete the allegation that Secretary Bonoan and Senator Estrada conspired and confederated with each other in the commission of this crime,” Arroyo told the court.

“So, in other words, what they’re seeking to do is convert the conspiracy charge involving two people—and one who is no less than the secretary for the DPWH, who is in charge of these infrastructure flood-control projects, and convert it into a charge wherein the only criminal defendant left is Senator Estrada,” he added.

Arroyo further argued that, as stated in Estrada’s opposition, the proposed amendment would remove the allegation of conspiracy, alter the recital of facts in the information, and change the defenses presently available to the senator under the original information.

Meanwhile, the prosecution argued that the proposed amended information would not alter the allegations in the case.

Presiding Justice Geraldine Faith Econg said the Sandiganbayan had taken the prosecution’s motion for leave to file an amended information under submission for resolution.

“After the prosecution and the accused argued in their position to the motion to file amendment of information of the prosecution, the Court deems that this matter is now submitted for resolution,” she said.

It can be recalled that Assistant Ombudsman Jose Dominic “Mico” Clavano IV earlier said the OMB made a “tough” decision to accept Bonoan as a state witness, citing the former DPWH chief’s unique position to provide firsthand information on the case.

“’Yung budgetary process po, ’yung budget po ng DPWH, budget po ni former Sec. Bonoan, ’yon po ang kinalikot na budget ng House leadership at that time. Ang corruption po kasi, hindi mo puwede i-penetrate galing sa labas. Kailangan mayroon kang insider sa loob. It was a tough decision for the Office to arrive at that, na i-accept namin si former Secretary Bonoan as a state witness (The DPWH budget and former Secretary Bonoan’s budget were among those allegedly manipulated by the House leadership at that time. Corruption cannot be penetrated from the outside. You need an insider. It was a tough decision for the Office to accept former Secretary Bonoan as a state witness),” he said.

Clavano stressed that the Ombudsman’s authority to grant immunity is intended to obtain crucial testimony, not to shield guilty individuals from prosecution.

On May 28, the OMB filed plunder and graft charges before the Sandiganbayan against Estrada and Bonoan over alleged illegal budget insertions and purported kickbacks linked to DPWH infrastructure and flood-control projects funded under the Fiscal Year 2025 budget.