By Darryl John Esguerra
MANILA – Malacañang on Wednesday said the dismissal of graft charges against former Public Works and Highways Secretary Manuel Bonoan is beyond President Ferdinand R. Marcos Jr.’s authority, citing separation of powers in government.
The Sandiganbayan Fifth Division earlier granted the Office of the Ombudsman’s motion to drop Bonoan from the plunder and graft charges involving former Senator Jinggoy Estrada.
Bonoan was among the senator’s co-accused in the case filed by the Ombudsman in May for allegedly conspiring to amass some PHP500 million in kickbacks from flood control projects.
The Ombudsman later asked the Sandiganbayan to exclude Bonoan from the charges after the former Public Works chief expressed his willingness to cooperate with the agency.
Palace Press Officer Claire Castro said the administration respects the anti-graft court’s decision under the principle of separation of powers.
“Kung ano po ang naging desisyon dito ng Sandiganbayan, iyan po ay hindi na po saklaw ng kapangyarihan ng ating Pangulo. Sila po ay parte ng judiciary at may separation of powers po tayong tinatawag (The Sandiganbayan’s decision in this matter falls outside the scope of the President’s authority. They are part of the judiciary, and we observe the principle of the separation of powers),” Castro said in a Palace briefing.
She said Marcos has repeatedly maintained that all those responsible in the flood control controversy must be held accountable, regardless of whether they are allies, political associates or relatives.
Castro said the Palace could not speak for the Sandiganbayan or the Ombudsman on the reasons behind the developments in Bonoan’s case.
She, however, noted the Ombudsman may have had valid grounds for filing the charges but may also have determined that Bonoan’s testimony was necessary in other proceedings after seeking to have him admitted as a state witness.
On concerns that the dismissal could contradict the administration’s earlier position that cases involving alleged irregularities in flood control projects were being carefully evaluated to ensure they would not be dismissed, Castro said the Ombudsman and the courts must be allowed to make their own assessments.
She likewise declined to comment on allegations from the camp of former House Speaker Martin Romualdez that the Ombudsman had already prejudged him and was merely looking for evidence to support a legal conclusion.
Castro said Romualdez’s camp had the right to make such statements, while stressing that respondents are entitled to defend themselves.
“Ang Pangulo ay naniniwala sa due process, naniniwala sa mga bawat ebidensiyang ilalahad at ipapakita (The President believes in due process, believes in every piece of evidence that will be presented and shown),” she said. (PNA)
