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Sandiganbayan acquits JV Ejercito over anomalous firearms deal


The Sandiganbayan has acquitted Senator Joseph Victor "JV" Ejercito of his technical malversation case for the alleged anomalous purchase of of P2.1-million worth of firearms during his term as San Juan City mayor in 2008.

In a 32-page decision promulgated on August 10, the Sixth Division ruled that the prosecution was unable to prove Ejercito's guilt beyond reasonable doubt. 

"Let it be stressed that this verdict of acquittal is based on the 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 ruling said.

The Sandiganbayan likewise acquitted 14 others in the case, including former city councilor Jannah Ejercito-Surla, a niece of former President and incumbent Manila Mayor Joseph Estrada.

Based on the case information filed by the Ombudsman, Ejercito allegedly conspired with San Juan City officials for the purchase of high-powered firearms in February to August 2008.

The Ombudsman said the money used for the purchase of the firearms came from the city government’s calamity fund, despite the fact that there was no calamity at the time.

It further alleged that the purchase was done in haste without competitive bidding and examination of the supplier’s qualifications.

The Sandiganbayan, however, considered the testimony of former city accountant Alicia Cruz-Barazon and budget officer Liza Tomico who both said the firearms were charged from the San Juan's general fund.

"The aforecited testimonies of the witnesses of the prosecution negate, or at least, cast serious doubt on the presence of the fourth element of the offense of technical malversation as charged in the Information that the 2008 Calamity Fund of San Juan City was used by accused Ejercito," the ruling said.

"Thus, in the absence or doubtful presence of the fourth element, the accused cannot be held liable of the offense charged," it added.

Sixth Division chairperson Associate Justice Rodolfo Ponferrada penned the decision, with the concurrence of Associate Justices Karl Miranda and Michael Frederick Musngi.

The Fifth Division earlier dismissed the graft charges of Ejercito and his co-accused in relation to the same firearms purchase deal.

'Calamity fund can be used for firearms purchase'

In his concurring opinion, Miranda said the procurement of the firearms can be sourced from the calamity fund since the project can be considered as part of the San Juan City's "disaster preparedness and pre-disaster activities."

Miranda cited joint circulars from the Department of Budget and Management and the Department of Interior and Local Government which states that the fund can be used in cases of "imminent danger of calamity in extreme cases and under extraordinary circumstances such as but not limited to acts of terrorism.

"The calamity fund may be used for any man-made disaster resulting from terrorist or criminal acts, and other pre-disaster activities as may be determined by the local government concerned," he said.

In this case, Miranda said San Juan City has been marred by a surge of bank robberies in 2008 which may have prompted Ejercito and the city council to purchase the firearms.

"The accused allowed the purchase of firearms in response to the surge of bank robberies in neighboring cities and its people from acts that would 'disrupt or damage the current peace and order situation'," Miranda said.

In a statement, Ejercito said the Sandiganbayan’s decision affirms his earlier statements that he is innocent of the charges filed against him.

“I thank the good justices of the Sandiganbayan for remaining true to their duty of upholding justice and fairness. At the moment, I am just grateful that my name has been cleared and redeemed from charges,” Ejercito said. —With a report from Kathrina Charmaine Alvarez/RSJ/KVD/KG, GMA News

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