Prosecutors nix JV Ejercito’s demurrer to evidence in graft case

STATE prosecutors opposed the demurrer of Senator Joseph Victor “JV” Ejercito to dismiss his graft case, noting that the prosecuting panel was able to prove the anomalous use of calamity funds for the purchase of firearms.

In its comment opposition, the Office of the Special Prosecutor said it was able to prove through its witnesses and documentary evidence that graft was committed in the transaction.

The prosecuting panel said the court should deny Ejercito’s challenge to the allegations and instead push through with its evaluation of the evidence presented.

READ: JV Ejercito asks court’s nod to file motion to junk graft rap 

The prosecutors maintained that there was “overwhelming evidence” that the payment for the high-powered firearms was sourced from the calamity fund, as testified to by online news reporter Amita Legaspi, who wrote about Ejercito’s admission of using the calamity fund.

Ejercito as then San Juan mayor also specified the brand Daewoo for the high-powered firearms even though there were other brands that are cheaper, thus causing undue injury to government.

The prosecutors also said Ejercito gave undue benefit to supplier HK Tactical Defense System Inc. (HKTDSI), which submitted bid documents bearing dates earlier than the publication of invitation to bid.

“Clearly, the injury suffered by the City of San Juan due to the pre-selection of HKTDSI is specific and quantifiable in this case. By specifying the brand name Daewoo in the bid documents, the accused effected the immediate and absolute exclusion of other suppliers… with the same or better specifications but of different brands,” the prosecution said.

READ: Ejercito confident of victory in graft trial

Ejercito filed the motion for leave to file demurrer (a request to dismiss the action on the allegation on the ground of insufficiency of evidence) after the Office of the Special Prosecutor finished presenting its witnesses who testified against Ejercito in his graft trial.

The graft charge, or violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, stemmed from the allegedly anomalous procurement of high-powered rifles worth P2.1 million using the city’s calamity funds although the city was not under a state of calamity when Ejercito was San Juan mayor in 2008.

READ: Sandiganbayan orders arrest of JV Ejercito for graft

In the graft information, 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 Inc. (HKTDSI), submitted bid documents bearing dates earlier than the publication of invitation to bid, which showed that there was unwarranted benefit given to the supplier.

READ: Prosecution seeks suspension of JVEjercito over graft rap 

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.

In his motion for leave, Ejercito said the prosecution failed to prove that the firearms purchase was overpriced and disadvantageous to government.

“What the prosecution’s evidence disclosed is that San Juan City suffered no injury or damage whatsoever from the procurement of the firearms… Neither did the prosecution prove that the firearms supplied by HKTDSI were substandard or overpriced,” Ejercito’s motion read.

He concluded his motion by asking the court’s nod for him to file a demurrer to evidence and pleaded to the court to dismiss the case for failure of the prosecution to prove his guilt.

Ejercito is facing a separate technical malversation charge before the Sandiganbayan Sixth Division for the issuance of an ordinance that allowed the use of the calamity funds for high-powered firearms.

READ: Ejercito hits slanted media reports in malversation case