The Sandiganbayan Fifth Divisions has decided to ‘partially’ grant the request of former Department of Public Works and Highways (DPWH) Secretary Manuel Bonoan, citing the accused’s “life-threatening” condition as the reason for its approval.
In a resolution dated 4 June, the anti-graft court explained that its reasoning for the approval of the motion was grounded on the medical certificates submitted by Bonoan’s counsel where his list of ailments was listed.
Based on separate reports from the personal physicians of the former public works executive, he is suffering hypertension, diabetes, chronic renal disease, chronic kidney disease, prostate cancer, and severe coronary artery disease among other ailments.
“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 court said.
Under the Fifth Division, Bonoan along with Senator Jinggoy Estrada were tagged as co-conspirators in the latter receiving kickbacks from various infrastructure projects through a 25 percent commitment from the appropriated budget of the project.
The cases recommended by the Ombudsman on the accused are crimes of graft and a plunder.
Considering the critical condition of Bonoan and the non-bailable nature of plunder, the court believed that it would be in the best interest of the case to keep him under hospital arrest in order to preserve the life and health while maintaining judicial custody over the accused.
To supplement its decision, the court cited the decision in the Supreme Court cases where the precedent that “humanitarian reasons override the severity of the crime.”
The Sandiganbayan noted that the high court’s decision on matters which concern humanitarian issues justifies its grant for a less restrictive judicial monitoring to be conducted on Bonoan.
“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, risks jeopardizing his health/life even before justice is served, which completely defeats the purpose of the justice system,” it stated.
Contrary to the initial plea of the defense to keep their client at the Medical City where he was previously transferred to, Bonoan would be confined at the PNP General Hospital in Camp Crame, Quezon City as he remains in the custody of the Philippine National Police - Crime Investigation and Detection Group (PNP-CIDG).
Arraignment Hearing deferred
On Thursday, Estrada and Bonoan underwent their arraignment hearing at the Second Division of the Sandiganbayan.
While the court entered a plea of not guilty for the senator, it decided to defer the arraignment of the former public works official as he was not able to participate in the trial.