Senator Joseph Victor “JV” Ejercito opposed the move of the state prosecutors to preventively suspend him from the Senate as he faces a graft trial before the Sandiganbayan.
In his comment, Ejercito pleaded to the anti-graft court Fifth Division to deny the motion for lack of merit.
READ: Prosecution seeks suspension of JV Ejercito over graft rap
Ejercito said he and his co-accused “are not threats to the unimpeded resolution of the case.”
Ejercito said he would not use his position as senator to intimidate witnesses used as justification to suspend public officials facing trial.
“The Supreme Court has enumerated the purposes behind suspension such as to prevent the abuse of the prerogatives of the office or intimidation of witnesses… There is already no reason to believe that the accused will intimidate the witnesses through an abuse of their public positions,” Ejercito said in his motion through his lawyers.
Ejercito added that the motion to suspend pendente lite filed by the Office of the Special Prosecutor would interrupt his stellar performance as a senator who filed more than 100 bills so far.
“His priorities and advocacies are education, job creation, the protection of workers, and peace and prosperity in Mindanao. His suspension will cause a halt, albeit temporary, in the progress of his projects and advocacies, and will interrupt public service,” his motion read.
Ejercito said his co-accused — city administrator Ranulfo Dacalos, treasurer Rosalinda Marasigan, attorney Romualdo delos Santos, budget officer Lorenza Ching and engineer Danilo Mercado — are all appointed public officials in San Juan, and their suspension would affect operations of the city government.
“Their suspension could cause a standstill in the services of the city to the detriment of the San Juan city residents,” Ejercito said in his motion.
The graft charges stemmed from the allegedly anomalous procurement of high-powered rifles worth P2.1 million using the city’s calamity funds even though the city was not under a state of calamity when Ejercito was San Juan mayor in 2008.
READ: Witnesses point to JV Ejercito in firearms deal graft trial
In the graft information, the Ombudsman prosecutors said the purchase of the firearms was done without public bidding and post-qualification, and that the winning bidder HK Tactical Defense System submitted bid documents bearing dates earlier than the publication of invitation to bid, which showed that there was unwarranted benefit given to the supplier.
The firearms purchased 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.
Ejercito will serve as senator until 2019.
In the Sixth Division, Ejercito was also charged with technical malversation with former San Juan Vice Mayor Francis Zamora over the same anomalous purchase of the firearms. JE
READ: JV Ejercito pleads not guilty to technical malversation charge