Senator Joseph Victor “JV” Ejercito was not allowed to join President Rodrigo Duterte’s delegation to Malaysia and Thailand after one Sandiganbayan division denied his request for travel.
The Sandiganbayan Sixth Division in open court on Monday denied his request to travel with Duterte’s delegation although the separate Fifth Division granted the same request.
READ: Ejercito plea to hold separate technical malversation trial nixed
The Sixth Division is hearing Ejercito’s technical malversation case for the alleged misuse of P2.1-million calamity funds for high-powered firearms when Ejercito was San Juan city mayor in 2008. On the other hand, the Fifth Division is hearing Ejercito’s graft charge for allegedly causing undue disadvantage to government in the deal.
Associate Justice Rodolfo Ponferrada questioned why Ejercito was a member of the Philippine delegation when he was preventively suspended by the Fifth Division for 90 days as he faces a graft trial.
READ: JV Ejercito suspended from Senate for 90 days as he faces graft
“How could you be part of the official delegation when you are under preventive suspension?” Ponferrada, who chairs the Sixth Division, said in open court.
The court denied the motion without prejudice to any motion Ejercito may file.
The court recommended that Ejercito file an amended motion requesting for travel in his personal capacity.
The Fifth Division granted Ejercito’s travel request but maintained it would only release the travel order after Ejercito submits his itinerary.
Ejercito has said he would serve his preventive suspension, especially after the Supreme Court affirmed his suspension and denied his request for temporary restraining order and writ of preliminary injunction.
READ: JV Ejercito to go on ‘forced vacation’
According to the graft 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 prosecutors said Ejercito gave undue advantage to the supplier HK Tactical Defense System Inc. (HKTDSI) without the conduct of a public bidding.
The firearms bought using the city’s calamity fund 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 has pointed at his political rival, former vice mayor Francis Zamora, as being behind the graft charge. Zamora lost his mayoralty bid to reelected San Juan mayor Guia Gomez, who is Ejercito’s mother. Zamora is a co-accused in the technical malversation case as then councilor. RAM/rga