Senator Joseph Victor “JV” Ejercito. LYN RILLON/INQUIRER FILE PHOTO
State prosecutors have appealed the Sandiganbayan’s dismissal of the graft case against Sen. Joseph Victor Ejercito over the purchase of high-powered firearms when he was mayor in 2008.
The Ombudsman’s Office of the Special Prosecutor said the antigraft court’s Fifth Division “gravely abused its discretion” when it issued the Dec. 22 resolution dismissing the graft case for weak evidence.
In a seven-page motion for reconsideration, prosecutors argued that the court “failed to consider several irregularities” in the award of the P2.1-million contract to lone bidder HK Tactical Defense System Inc. (HKTDSI).
The prosecution reiterated that alleged anomalies in the procurement documents indicate that “the bidding was unmistakably rigged and the supporting paperwork manufactured.”
They reiterated that HKTDSI knew of the bidding details a month before they were released to the public, as its March 17, 2008, prequalification documents were dated a month ahead of the April 14 invitation to bid.
It also said the court “gravely erred” in not considering that details pertaining to the firearms were already published in the invitation to apply for eligibility and to bid, even as the request to procure the firearms was only made on May 22.