Sandiganbayan defers graft arraignment of Estrada, Bonoan to June 4

MANILA, Philippines – In handcuffs and a yellow detainee uniform, Senator Jinggoy Estrada arrived at the Sandiganbayan 2nd Division at around 1:21 pm on Tuesday, June 2.

Estrada, who also wore blue jeans and blue ON running shoes, was there for his arraignment for a graft case that stemmed from allegedly getting P573 million in kickbacks for flood control projects.

Arraignment is the part of the proceedings where the accused will enter a guilty or not guilty plea. If an accused pleads not guilty, then the trial continues.

Estrada was seated in front, beside his daughter, National Authority for Child Care Undersecretary Janella Estrada.

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At 1:43 pm, Estrada’s co-accused, former Department of Public Works and Highways (DPWH) secretary Manuel Bonoan, arrived in a wheelchair. He was in blue Lacoste polo shirt, black slack pants, and leather shoes. Bonoan has been under hospital arrest since June 1 due to hypertension.

During the Tuesday hearing, the Sandiganbayan’s medical staff and Philippine National Police (PNP) doctors repeatedly checked Bonoan’s blood pressure. At 1:49 pm, the staff also took out an oximeter to check Bonoan’s oxygen level.

The hearing started a few minutes before 3 pm. Estrada’s lawyer, Noel Ostrea, asked the court if the senator can refrain from wearing the Bureau of Jail Management and Penology uniform and if he can be handcuffs-free when attending the hearings.

Presiding Justice and 2nd Division chairperson Geraldine Faith Econg said the Estrada camp should submit a written motion to allow the prosecution to respond to their request.

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Deferred arraignment

Ten minutes after 3 pm, Estrada approached the bench and announced that he wanted to be arraigned on the same day. However, the court noted that his camp actually filed a motion on Tuesday, asking the Sandiganbayan to reset the Tuesday hearing due to Estrada’s Senate engagement.

It must be noted, however, that Estrada is already under BJMP custody at the New Quezon City Jail after his Monday arrest. His other case with the 5th Division — plunder — is non-bailable.

Econg advised Estrada’s counsel to discuss the matter with the senator due to conflicting narratives. The court even offered a recess to give them time for their discussion.

“I withdraw my previous manifestation,” Estrada said at 3:15 pm.

Estrada filed an omnibus motion on Monday, asking the court to dismiss the charge against him and/or remand the case to the Office of the Ombudsman for further investigation. As it turned out, the prosecutors from the Ombudsman were not given a copy of the said motion.

Ostrea, in their defense, said they only secured the prosecutors’ e-mail address on Friday, and have yet to furnish them a copy. The prosecution argued that they cannot “intelligently respond” to the arguments raised by Estrada if they don’t have a copy.

Bonoan’s lawyer, Edward Ong, also argued that his client cannot be arraigned on Tuesday due to his health condition.

In the end, the 2nd Division deferred the arraignment to June 4 at 1:30 pm to allow the prosecution to respond to the motions. This will coincide with Estrada and Bonoan’s arraignment for their plunder and other graft case with the 5th Division at 8:30 am on that date.

Jinggoy, Bonoan’s requests

During the hearing, Estrada’s camp said they will file a motion to allow the senator to attend court sessions online. He cited his legislative duties as a senator.

Econg reiterated that Sandiganbayan hearings can be done via videoconference and that the accused may appear online.

“For us, he can attend via videoconference. But for us to direct [the] Senate that he will perform his function is beyond us,” the presiding justice said.

In the 5th Division, Bonoan filed a motion seeking hospital arrest. He did not need to seek the same relief before the 2nd Division because he’s on bail for his graft case there.

During the Tuesday hearing, a doctor from the PNP General Hospital said that the 73-year-old Bonoan is suffering from hypertension and diabetes. He’s also in the process of seeing a cardiologist to check his heart.

“The current high blood pressure is concerning,” said the doctor.

“For now, he’s experiencing reactive hypertension because of all these,” Sandiganbayan’s Dr. Warlin Basuel, meanwhile, said.

It’s up to the 5th Division to decide on Bonoan’s motion, but the prosecution said they will respond to the request. – Rappler.com