Senator Joseph Victor “JV” Ejercito. LYN RILLON/INQUIRER FILE PHOTO
Update
The Sandiganbayan Fifth Division has granted the demurrer to evidence of Senator Joseph Victor “JV” Ejercito, thereby dismissing his graft case for the allegedly anomalous use of calamity funds for the purchase of high-powered firearms when he was San Juan City mayor.
In a statement, Ejercito welcomed the decision and said he has always had faith in the justice system.
“I thank the good justices of the Sandiganbayan for remaining true to their duty of upholding justice and fairness,” Ejercito said.
“All throughout this process, I have been firm on two things: one, that I am innocent of the charges filed against me, and, two, that I have faith in the fairness of our judicial system. These beliefs have been reaffirmed by this decision by the Sandiganbayan,” he added.
In a 45-page resolution, the anti-graft court said the prosecution failed to prove Ejercito gave unwarranted benefit to supplier HK Tactical Defense System Inc. (HKTDSI) to win the bid for the supply of Daewoo firearms.
READ: JV Ejercito asks court’s nod to file motion to junk graft rap
There was no evidence to prove Ejercito specified or pre-selected the Daewoo brand, the court said.
Although Ejercito approved the ordinance that specified the Daewoo brand, the senator also approved the ordinance that “expressly did away” with the brand, the court said.
The prosecution also failed to prove that Ejercito pressured the Bids and Awards Committee (BAC) to pre-select the Daewoo brand of firearms, and said that Ejercito did not even approve but merely “noted” the Invitation to Apply for Eligibility and to Bid.
“As to accused Ejercito, there is no evidence, testimonial or documentary, offered by the prosecution to prove that he specified or pre-selected the Daewoo brand,” the court said.
READ: Ejercito confident of victory in graft trial
The court also said the supplier HKTDSI’s certificate of eligibility to bid dated April 25, 2008 came a day ahead of the period for eligibility checking scheduled for April 26 to 28 because the rules allow bidders to register for eligibility ahead of the existence of any procurement project.
“The foreknowledge by HKTDSI of the results of the bidding is a matter which should not and cannot be traced to all the accused, simply because they are not the only people involved in the preparation of documents,” the court said.
“More importantly, the fact alone that HKTDSI was the only bidder should not evoke wonder or speculation about the result of the bidding,” the court added.
However, as to the allegation that the calamity fund was irregularly used to purchase firearms was not a matter in the case and should be taken up in the technical malversation charge being handled by the Sixth Division, the court said.
READ: JV Ejercito pleads not guilty to technical malversation charge
The court ordered to lift the hold departure order against Ejercito and his co-accused and let the bail bond posted to be subject to auditing and accounting procedures of the court.
The court also lifted its order of preventive suspension against Ejercito.
READ: JV Ejercito suspended from Senate for 90 days as he faces graft | JV Ejercito to go on ‘forced vacation’
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.
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, 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.
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. JE/rga
READ: Sandiganbayan orders arrest of JV Ejercito for graft