JV Ejercito suspension sought anew in another firearms deal case

Sen. Joseph Victor “JV” Ejercito. INQUIRER FILE PHOTO/RAFFY LERMA

State prosecutors sought the suspension of Senator Joseph Victor “JV” Ejercito from his Senate duties as he faces a technical malversation charge before the Sandiganbayan.

In a motion to suspend filed before the anti-graft court Sixth Division, the Office of the Special Prosecutor sought the preventive suspension of Ejercito and his co-accused, incumbent Sangguniang Panlungsod members Leonardo Celles, Vincent Rainier Pacheco and Grace Perdines, as they face trial for the allegedly anomalous procurement of firearms using P2.1-million calamity funds when Ejercito was San Juan city mayor.

They stand accused of violating Article 220 of the Revised Penal Code or the crime of Illegal Use of Public Fund, the act of applying a public fund or property to any public use other than for which such fund or property were appropriated by law or ordinance.

The prosecution cited Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which states that public officer charged with a valid information falling under the anti-graft law and Title Seven Book II (Crimes Committed by Public Officers) of the Revised Penal Code should be suspended from office.

The Illegal Use of Public Funds charge against Ejercito falls under Title Seven Book II or Crimes Committed by Public Officers, the prosecution said.

Because the information charged against the accused was valid, they should then be placed under preventive suspension pending litigation, the prosecution added.

“Wherefore, premises considered, it is most respectfully prayed that this Honorable Court issue an order suspending Accused Ejercito, Celles, Pacheco and Perdines from discharge of public office pending trial of this case,” the prosecution said.

Earlier, the state prosecutors also sought the suspension of Ejercito involving the graft charge pending before the Sandiganbayan Fifth Division.

READ: Prosecution seeks suspension of JV Ejercito over graft rap 

Ejercito was charged with graft for the anomalous purchase of high-powered rifles worth P2.1 million using calamity funds when he was San Juan mayor in 2008.

According to the information, Ejercito and his councilors allegedly conspired with each other 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 include 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, former Vice Mayor Francis Zamora and the other city councilors were separately 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 posts bail for technical malversation rap 

Ejercito will serve as senator until 2019.

The antigraft court Fifth Division is also hearing the plunder case against Ejercito’s half-brother,Sen. Jose “Jinggoy” Estrada, who is detained at the Philippine National Police Custodial Center for his alleged involvement in the pork barrel scam.

Jinggoy is Loi Ejercito’s son, while JV is Guia Gomez’s son with former President Joseph Estrada.

In 2007, now Manila Mayor Estrada was convicted of plunder by the Sandiganbayan on jueteng kickbacks. He was later pardoned by then President Gloria Macapagal-Arroyo. RAM/rga