Sandiganbayan Rejects Bid to Drop Ex-DPWH Chief Bonoan From Estrada Flood-Control Graft Case

The Sandiganbayan has denied an attempt by Office of the Ombudsman prosecutors to drop former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan as a co-accused in a multimillion-peso graft case that also names Sen. Jinggoy Estrada, according to Philstar.com and Rappler. In a 12-page resolution promulgated August 3, 2026, the anti-graft court's Second Division rejected the prosecution's motion to exclude Bonoan from the charge sheet ahead of his arraignment, ruling that the move would unfairly prejudice Estrada's defense. ## What the case alleges The charges stem from allegations that Estrada and Bonoan conspired, between July 2024 and March 2025, to reduce funding for infrastructure and flood-control projects in Bulacan by ₱213.75 million. Estrada pleaded not guilty to the charges on June 4. Bonoan had not yet been arraigned when prosecutors moved, on June 29, to have him excluded from the information. Prosecutors argued that dropping Bonoan was a "merely formal" change that would not prejudice Estrada, and said it was necessary to secure Bonoan's cooperation and eventual testimony as a state witness in the broader investigation and prosecution of related flood-control offenses. Estrada's defense opposed the motion, arguing that removing Bonoan would fundamentally alter the prosecution's theory of the case — shifting it from an allegation that the two men acted "in conspiracy" to one holding Estrada individually liable for allegedly acting "by himself and/or through Sec. Bonoan." ## The court's reasoning The Sandiganbayan sided with the defense. "The proposed amended information removes the only co-accused and purported conspirator of accused Estrada from the case, thereby modifying the theory of criminal liability from one predicated on conspiracy to one imposing individual liability on the part of accused Estrada," the court said in its resolution. Because Estrada had already been arraigned under the original information, the court found he was entitled to rely on its allegations in preparing his defense. "The exclusion of his co-accused will compel him to prepare a different defense... Instead of focusing on an allegation of collective criminal responsibility, accused Estrada will confront a different theory that focuses exclusively on his personal acts and omissions," the resolution said. The court also rejected the prosecution's reliance on the precedent Soberano v. People, noting that in that earlier case none of the accused had yet been arraigned when prosecutors sought to amend the charges — a key factual difference from the Estrada-Bonoan case, where Estrada's arraignment had already locked in the terms of the prosecution's theory. Importantly, the ruling does not close the door on using Bonoan's testimony. The Sandiganbayan noted that prosecutors "may instead seek Bonoan's discharge as a state witness under Rule 119, Section 17 of the Rules of Court" — a separate legal mechanism that requires the prosecution to show at a hearing that Bonoan's testimony is "absolutely necessary" and that he is "not the most guilty" party. That path remains open to the Ombudsman's panel at a later stage of the proceedings. ## Context The case is one strand of the sprawling flood-control corruption scandal that has entangled dozens of officials and contractors since it became a national scandal following revelations in 2025. The Ombudsman formally filed plunder and graft charges against Estrada on May 28, 2026, alleging he received roughly ₱573 million in kickbacks tied to about ₱1.4 billion worth of flood-control and infrastructure projects in Bulacan. Bonoan, who headed the DPWH until the scandal forced sweeping leadership changes at the agency, has separately been named in other flood-control graft complaints filed by the Ombudsman against former department officials. Neither the Ombudsman's office nor Bonoan's legal counsel had issued a public statement on the ruling as of this writing. Estrada remains a co-accused under the original information, and the case is expected to proceed toward arraignment for Bonoan and further pre-trial proceedings for both men. ### Sources - [Sandiganbayan keeps ex-DPWH chief Bonoan as co-accused in Jinggoy case](https://www.philstar.com/headlines/2026/08/03/2546715/sandiganbayan-keeps-bonoan-co-accused-estrada-graft-case) — Philstar.com, Ian Laqui - [Sandiganbayan denies Ombudsman's bid to exclude Bonoan from flood control case](https://www.rappler.com/philippines/sandiganbayan-junks-ombudsman-bid-exclude-manuel-bonoan-flood-control-graft-case/) — Rappler - [Ombudsman files plunder, graft raps vs Jinggoy Estrada](https://www.philstar.com/headlines/2026/05/28/2531156/ombudsman-files-plunder-graft-raps-vs-jinggoy-estrada) — Philstar.com