Ejercito plea to hold separate technical malversation trial nixed
Sen. JV Ejercito. INQUIRER.net FILE PHOTO
State prosecutors nixed as lacking merit the motion of Senator Joseph Victor “JV” Ejercito to hold a separate trial in his technical malversation case over the alleged misuse of calamity funds for high-powered firearms.
In its comment opposition filed before the Sandiganbayan Sixth Division, the Office of the Special Prosecutor said Ejercito’s legal team did not pose objections when the court set the trial dates on Nov. 22 and 23 pending its resolution of the motions for reconsideration filed by the other accused.
The prosecution added that the delay of two months as alleged by Ejercito’s lawyers does not constitute undue delay in the proceedings that would affect the senator’s right to a speedy trial.
“The mere delay of more than two months… will not suffice the finding of undue delay in the proceedings of this case,” the prosecution said.
“Postponement and continuance are part and parcel of our procedural system of dispensing justice,” the prosecuting panel added.
The prosecution said the court should dismiss Ejercito’s motion for lack of merit.
In his motion for a separate trial, Ejercito pleaded the court for permission to proceed with his trial ahead of the other accused, his rival former San Juan Vice Mayor 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 stalled the trial proper pending its decision on the appeals filed by Zamora, and 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 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.
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 slanted media reports by journalists who torment him with questions and make him appear guilty.
READ: Ejercito hits slanted media reports in malversation case
“Note that before and after every hearing of this case and another related case pending before the Fifth Division of the Sandiganbayan, the accused are subjected to tormenting, persistent questioning by journalists and reporters who relish and churn out slanted reports making the accused appear to be guilty of the crime,” he said.
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 for high-powered firearms. Zamora was then a councilor.
The others charged in the case were former vice mayor Leonardo Celles, and the 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.
He has filed a demurrer to evidence after the prosecution finished its presentation of evidence.
READ: JV Ejercito, San Juan VM Zamora face graft raps over P2.1-M gun deal | JV Ejercito asks court’s nod to file motion to junk graft rap
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 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.
Ejercito has pointed at his rival Zamora as being behind the graft rap. Zamora lost his mayoralty bid to reelected San Juan mayor Guia Gomez, who is Sen. Ejercito’s mother. JE/rga
READ: JV Ejercito blames rivals in firearms deal graft rap
