JV Ejercito posts bail for technical malversation rap
Sen. Joseph Victor “JV” Ejercito on Wednesday posted his P6,000 bail for the technical malversation charge against him over the anomalous use of P2.1 million calamity funds when he was San Juan mayor in 2008.
He arrived at the Sandiganbayan around 2 p.m. and proceeded to the anti-graft court Sixth Division for the booking procedure.
He posted bail after the Sixth Division in a resolution promulgated lasy Monday found probable cause against him and outgoing San Juan Vice Mayor Francis Zamora to try them for technical malversation.
Ejercito, Zamora and the other city councilors were charged with technical malversation for allowing the issuance of an ordinance to allow the use of the calamity funds for high-powered firearms. Zamora was then a councilor.
READ: JV Ejercito, San Juan VM Zamora face graft raps over P2.1-M gun deal
The court said it found probable cause after perusing through the motions for judicial determination of probable cause filed by all the accused.
“The Court finds that the grounds raised by the herein accused in support of their assertions in their motions that there was no probable cause to indict them for technical malversation in the procurement of subject firearms… are but matters of defense that are best addressed during the trial of this case,” the court said.
“Let warrant of arrest be issued against all the accused,” it added.
In an interview after he posted bail, Ejercito said he is confident that the court would give him a fair trial.
“I submitted myself to the legal process. I’n positive that I’ll get a fair trial. If you base it on the [evidence], on the documents we have, I think optimistic naman ako sa kaso na ito (I am optimistic on this case),” Ejercito said.
Ejercito refused to comment if he has plans to testify against his political rival Zamora.
“Hindi na ako magcocomment dyan (I won’t comment on that). That’s political. So huwag nating haluhan ng political ano itong kaso. Kasi nandito na ung kaso eh (Let us not involve politics in this case. The case is already here). So let’s respect the Sandiganbayan, let’s respect the court,” he said.
Zamora before noon posted his P6,000 bail for technical malversation.
In a statement, Zamora said his lawyers planned to take the case all the way up to the Supreme Court, lamenting the denial by the Sandiganbayan of his motion to dismiss the case for lack of probable cause.
He said there should not have been a case to begin with because the firearms were purchased using the general fund, not calamity funds.
“It is unfortunate that the Sandiganbayan denied my motion for judicial determination of probable cause without squarely tackling the legal arguments my lawyers have raised. One of those arguments is that the guns were purchased using the General Fund, not the Calamity Fund. Another is that even if it was the Calamity Fund that was used, the same would still be perfectly legal,” Zamora said.
“The Sandiganbayan decided to kick the can down the road by saying that my legal arguments should instead be raised as defenses during the trial. While I do not have the slightest reluctance to go through the legal process, confident as I am of my innocence, I believe that this case should not have been filed at all because of the lack of probable cause. My lawyers are considering taking the matter to the Supreme Court, hoping that a favorable decision will render the trial unnecessary,” he added.
The others who posted bail are then vice mayor Leonardo Celles and the Sangguniang Panlungsod members Jannah Ejercito-Surla (Ejercito’s cousin), Angelino Mendoza, Rolando Bernardo, Dante Santiago, Grace Pardines, Francis Keith Peralta, Eduardo Soriano and Joseph Christopher Torralba.
Another accused councilor Domingo Sese has yet to post his bail. Accused Ramon Nakpil meanwhile has died.
In the Fifth Division, Ejercito was also charged with graft over the alleged anomalous purchase of high-powered rifles worth P2.1 million using calamity funds when he was San Juan mayor in 2008.
He has posted his P30,000 bail for the graft charge.
READ: JV Ejercito posts bail for graft charge
According to the information, Ejercito conspired with other city officials to purchase high-powered firearms in February 2008 using the city’s calamity fund as “investment for disaster preparedness.”
The city council then passed a city ordinance allowing Ejercito to buy the firearms for the city’s police department.
Ejercito approved the purchase although the city was not under a state of calamity when the purchase was made.
The firearms bought using the city’s calamity fund included three units of model K2 cal. 5.56mm sub-machine guns and 17 units of Daewoo model K1 cal. 5.56 mm sub-machine guns.
The purchase of the firearms was done with haste without “competitive bidding and without any post-qualification, bolstered by bid documents bearing dates earlier than the publication of the invitation to bid, showing that an unwarranted benefit, advantage and preference was accorded to the supplier,” the prosecutors said.
The Ombudsman cited the joint circular between the Departments of Budget and Management as well as of Interior and Local Government which did not include high-powered firearms among the items needed for disaster relief and mitigation.
Ejercito will serve as senator until 2019.
Ejercito has pointed at his political rival Zamora as being behind the graft rap. Zamora just lost his mayoralty bid to reelected San Juan Mayor Guia Gomez, who is Ejercito’s mother.
Ejercito is the son of former President and reelected Manila Mayor Joseph Estrada, who was convicted of plunder by the Sandiganbayan over “jueteng” money but pardoned by former President Gloria Macapagal-Arroyo. Ejercito’s half-brother Sen. Jose “Jinggoy” Estrada is detained as he faces trial for plunder over the pork barrel scam. RAM
READ: JV Ejercito blames rivals in firearms deal graft rap
