Former Public Works Secretary Manuel Bonoan. Maria Tan, ABS-CBN News/File
MANILA (UPDATED) — The Sandiganbayan Second Division denied the prosecution's motion for reconsideration seeking to exclude former DPWH Secretary Manuel Bonoan as a co-accused in the graft case involving Sen. Jinggoy Estrada over an alleged flood control kickback scheme.
Bonoan will remain an accused in the case pending further action by the Ombudsman.
Bonoan was previously released from detention after the Sandiganbayan Fifth Division dropped him as an accused in the separate plunder case involving Estrada.
READ: Bonoan enters not guilty plea in graft case over alleged flood control kickback scheme
The Ombudsman earlier asked both court divisions to drop the charges against Bonoan so he could be considered as a state witness in flood control-related cases.
HERNANDEZ AFFIDAVIT PART OF ESTRADA'S EVIDENCE
During the pre-trial, Estrada's defense said it will mark as evidence an affidavit from former DPWH Bulacan 1st District Engineer Brice Hernandez, which reportedly states that Estrada had a "lack of participation" in the alleged flood control kickback scheme.
The defense did not elaborate on the contents of the affidavit.
It also told the court it will mark as evidence a Sept. 9 document issued by the San Juan Regional Trial Court stating that Hernandez stipulated that his previous statements implicating Estrada in the alleged kickback scheme were "not based on his personal knowledge."
Hernandez previously testified before the Senate Blue Ribbon Committee that Estrada was among the lawmakers who allegedly received kickbacks.
He later said he had not personally interacted with Estrada, who has denied the allegations.
Hernandez will also be presented as a hostile witness, according to the senator’s counsel.
Meanwhile, the prosecution said it plans to present as witnesses former DPWH Undersecretary Roberto Bernardo, his aide and driver, former DPWH Bulacan 1st District Engineer Henry Alcantara, and other officials from the DPWH, Senate and Department of Justice.
The trial proper is set to begin on Nov. 13.
Estrada is expected to take the witness stand to address the allegations against him.
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