Former Public Works and Highways Secretary Manuel Bonoan will remain under hospital arrest at the Philippine National Police General Hospital in Camp Crame after the Sandiganbayan ruled that his multiple life-threatening illnesses outweigh the strict application of detention rules in the P573-million flood control plunder case.
In a resolution dated 4 June and made available to the media the next day, the anti-graft court’s Fifth Division partially granted Bonoan’s request for hospital confinement.
The court took into account the extensive medical records showing that Bonoan suffers from hypertension, diabetes, chronic renal disease, chronic kidney disease, prostate cancer, and severe coronary artery disease.
“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 detention,” the court said.
Bonoan is among those accused of conspiring in an alleged scheme that prosecutors said enabled Sen. Jinggoy Estrada to receive P573 million in kickbacks from the DPWH’s flood control projects.
The Ombudsman has charged the former Cabinet secretary and Estrada with graft and plunder in connection with the alleged diversion of public funds through infrastructure projects. Plunder is a non-bailable offense punishable by life imprisonment.
Biweekly med report
The Sandiganbayan cited Supreme Court rulings that humanitarian considerations may override the severity of criminal charges.
“Due to accused Bonoan’s present health condition, his detention in a regular jail facility would not ensure his presence at trial but, in fact, risk jeopardizing his health/life even before justice is served, which completely defeats the purpose of the justice system,” the court said.
While Bonoan’s lawyers had sought his continued confinement at The Medical City, the court ordered his transfer to the PNP General Hospital where he will remain under the custody of the PNP Criminal Investigation and Detection Group.
The court also directed the attending physician at the PNP General Hospital to conduct an independent medical evaluation and submit a report on Bonoan’s condition.
Pending the results of the examination, Bonoan will remain under strict hospital arrest.
If doctors determine that he requires continued confinement, the PNP must submit biweekly medical progress reports to the court. Once physicians declare him fit for discharge, authorities have been ordered to transfer him to the New Quezon City Jail in Payatas upon court approval.
Meanwhile, Interior Secretary Jonvic Remulla said the government has accepted the court’s decision and would continue to monitor Bonoan’s condition.
“Secretary Bonoan is not in the best of health,” Remulla said.
“The department acceded to the wisdom of the courts. If we cannot handle it, then we will ask permission from the courts to transfer him to a more advanced facility like The Medical City,” he added.
Arraigned
Remulla disclosed that Bonoan recently underwent two medical procedures following a heart attack and that a comprehensive medical report is expected to be submitted to authorities.
Meanwhile, Estrada and Bonoan appeared before the Sandiganbayan on Thursday for their arraignment.
The court entered a not guilty plea for Estrada, but deferred Bonoan’s arraignment after he was unable to personally participate because of his medical condition.
The case stemmed from the government’s widening investigation into alleged irregularities in flood control projects, one of the largest corruption scandals now confronting the Marcos administration.
