Senator JV Ejercito. INQUIRER FILE PHOTO
The Sandiganbayan has dismissed the criminal case of technical malversation filed against Senator Joseph Victor “JV” Ejercito and several others in connection with the use of P2.1-million calamity funds for the purchase of high-powered firearms.
In a decision released Friday, the Sandiganbayan 6th Division granted the demurrer to evidence filed by Ejercito and 14 others.
A demurrer to evidence is in effect a motion to dismiss filed by the accused after the prosecution finished its presentation of evidence. It is anchored on the ground that the evidence presented is insufficient.
BACKSTORY: Ejercito seeks court’s nod to file demurrer on technical malversation
“Let it be stressed that this verdict of acquittal is based on failure of the prosecution to present proof beyond reasonable doubt that the accused indeed used the 2008 calamity fund of San Juan City in the procurement and payment of the subject firearms,” the anti-graft court said.
“The prosecution must overthrow the presumption of innocence with proof of guilt beyond reasonable doubt. It must be remembered that in criminal cases, the burden of proof is on the prosecution and unless it discharges that burden, the herein accused need not even offer evidence in their behalf and they would be entitled to acquittal,” the anti-graft court added.
The Sandiganbayan also lifted the hold departure order issued against Ejercito and the others.
Also acquitted were Leonardo Celles, Andoni Miguel Carballo, Vincent Rainer Pacheco, Angelino Mendoza, Dante Santiago, Rolando Bernardo, Grace Perdines, Domingo Sese, Francis Keith Peralta, Edgardo Soriano, Jannah Ejercito-Surla, Francisco Javier Zamora, Ramon Nakpil and Joseph Christopher Torralba. IDL