GOVERNMENT prosecutors have asked the Sandiganbayan to suspend Sen. Joseph Victor “JV” Ejercito from office while he’s on trial for graft for using San Juan’s calamity funds to purchase 20 submachine guns for the city police when he was mayor in 2008.
In a motion received by the antigraft tribunal’s Fifth Division on July 15, the prosecution sought the preventive suspension of Ejercito and three incumbent San Juan officials being tried on graft over alleged irregularities in the P2.1-million purchase.
Also named in the motion to suspend while awaiting litigation, were city administrator Ranulfo Dacalos, legal officer Romualdo De los Santos, and special assistant to the mayor, Lorenza Ching.
Ejercito yesterday vowed to oppose moves to suspend him while on graft trial, saying he ought to serve those who had given him mandate in the 2013 elections.
“I intend to vigorously oppose the motion of the prosecution to stop me from performing my duties as senator of the republic,” Ejercito said in a statement late Friday afternoon.
“I owe it to the more than 13.6 million Filipinos who voted for me in 2013 to continue with my legislative duties. I intend to do my work in support of the new administration of President Duterte and in the service of our people,” he said.
He said his lawyers would counter the prosecution’s bid to suspend him, but promised to abide by how the Sandiganbayan would rule on the matter.
He said the 2008 procurement of weapons for the police force of San Juan City, where he had served as mayor, was aboveboard.
In April, Ejercito and the three officials pleaded not guilty to the charges. Also charged were Rosalinda Marasigan and Danilo Mercado, who were part of the city’s bids and awards committee at the time of the acquisition.
In its motion, the prosecution cited Section 13 of the Anti-Graft and Corrupt Practices Act, which mandates the preventive suspension of any public official with a pending criminal case in court.
The same section states that the accused shall lose all retirement or gratuity benefits under any law, if convicted. But if acquitted, they shall be reinstated and receive all the salaries and benefits they did not receive while under suspension.
Ejercito, who served three consecutive terms as mayor from 2001 to 2010, was accused of conspiring with other local officials to tap the city government’s calamity funds to buy the firearms in February 2008.
The city council passed a resolution authorizing the purchase of three Daewoo K2 submachine guns and 17 Daewoo K1 submachine guns even when San Juan was not facing a calamity at the time.
Prosecutors said the purchase of the firearms had been 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.”
Ejercito, along with a different set of coaccused, including several city councilors, is also on trial for a separate technical malversation charge connected to the same P2.1-million purchase before the Sandiganbayan’s Sixth Division.