Sandiganbayan nixes JV’s bid to resolve case early

The Sandiganbayan on Thursday thumbed down Sen. Joseph Victor “JV” Ejercito’s bid for the court to resolve his technical malversation case ahead of his coaccused and political rival, former San Juan City Vice Mayor Francis Zamora.

Justice Rodolfo A. Ponferrada, chair of the court’s Sixth Division, said in open court that Ejercito’s request was premature because the prosecution has not been given the chance to oppose his demurrer to its evidence.

Ponferrada stressed that the court has to give time for the prosecution to file a consolidated comment on the two motions to dismiss the case for insufficiency of evidence.

“The accused [Ejercito] is charged in conspiracy with the others,” he said as he explained the decision to resolve Ejercito and Zamora’s demurrers jointly.

A demurrer is an objection raised by one party to another party’s evidence for being insufficient in law.

Ejercito’s lawyer, Ma. Althea Rholene Raypon, argued during the hearing that the senator’s rights would be affected by the delay.

Since Zamora’s camp has yet to submit the demurrer, the prosecution could not yet defend the sufficiency of its evidence and both demurrers could not yet be resolved.

Ponferrada said: “We are vigilant to the rights of the accused. [But] we have to give the prosecution that opportunity to file their comment within 10 days. So we deny the motion.”

The court agreed to entertain the demurrers of Ejercito and Zamora in a May 15 resolution.

The senator’s three-page motion invoked Rule 36 of the Rules of Court allowing “several judgments” so the case against some of the defendants may be resolved ahead of the others who can proceed later.

Ejercito’s motion was joined by incumbent city councilors Leonardo Celles and Vincent Rainier Pacheco, public information officer Grace Pardines, and former councilors Andoni Miguel Carballo, Vincent Rainer Pacheco, Dante Santiago, Francis Keith Peralta, Edgardo Soriano, Jannah Ejercito-Surla, and Joseph Christopher Torralba.