SENATOR Joseph Victor “JV” Ejercito has asked the Sandiganbayan to hold a separate trial on his technical malversation charge, citing stress caused by the case and the supposed slanted media reports against him that portray him as guilty.
In his motion filed before the anti-graft court Sixth Division, Ejercito asked the court for permission to proceed with his trial for technical malversation ahead of the other accused, his rival Francisco Javier Zamora, who has a pending motion for reconsideration before the court.
READ: JV Ejercito pleads not guilty to technical malversation charge
The court has stalled the trial proper pending its decision on the appeals filed by Zamora and the other accused, Angelino Mendoza and Ronaldo Bernardo, on the court’s denial of their quashal motion.
The court scheduled the trial dates starting Nov. 22, 2016 until April 12, 2017 in consideration of the pending incidents.
Ejercito said the delay of more than two months in the trial violates his constitutional right to a speedy trial and disposition of the case.
“The trial on the part of the above-named accused should not be delayed because of unresolved pleadings filed by the other accused. Accused had complied promptly and judiciously with the orders of the Honorable Court without delay, with the intention to have the trial proceed as speedily as possible,” Ejercito said through his lawyers.
Ejercito also cited the Speedy Trial Act, which provides that trial should commence within 30 days from arraignment.
He added that the case is taking a toll on his service in government because of the need to build a defense while attending to his Senate duties.
Included in his motion are his co-accused Sangguniang Panlungsod members Leonardo Celles and Vincent Pacheco, and public information officer Grace Perdines, who are all incumbent San Juan city officials.
“They are already losing time, energy and money in attending to this case, which could have been used in public service,” Ejercito said.
Ejercito also complained to the court about the one-sided media reports by journalists who purportedly torment him with questions and make him appear guilty.
“This case has also caused unreasonable stress to all the accused, as the media is making a frenzy out of this case, causing embarrassment and humiliation and encouraging the public to make distorted opinions on the issue,” Ejercito said.
Pre-trial order
Ejercito asked the court that a pre-trial order be issued immediately so that he and the other accused could proceed with the trial.
Ejercito and 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 to buy high-powered firearms. Zamora was then a councilor.
The others charged in the case were Celles, Sangguniang Panlungsod members Jannah Ejercito-Surla (Sen. Ejercito’s cousin), Angelino Mendoza, Andoni Carballo, Vincent Pacheco, Rolando Bernardo, Dante Santiago, Grace Pardines, Francis Keith Peralta, Eduardo Soriano, Joseph Christopher Torralba and Domingo Sese.
In the Fifth Division, Ejercito has a separate graft trial over the same accusation involving the alleged anomalous purchase of high-powered rifles worth P2.1 million using calamity funds that caused undue injury to government when he was San Juan mayor in 2008.
READ: JV Ejercito, San Juan VM Zamora face graft raps over P2.1-M gun deal | 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 even though 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.
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 rival Zamora as being behind the graft charge. Zamora lost his mayoral bid to reelected San Juan Mayor Guia Gomez, who is the senator’s mother./rga
READ: JV Ejercito blames rivals in firearms deal graft rap