Ombudsman indicts JV Ejercito, 19 others over firearms purchase 'anomaly'

The Office of the Ombudsman has indicted Sen. JV Ejercito and 19 other former and incumbent San Juan City officials in connection with the alleged anomalous procurement of high-powered firearms amounting to P2.1 million in 2008.

In a 20-page joint resolution, the Ombudsman said it has found probable cause to charge Ejercito and his co-accused with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The senator, a former San Juan mayor and son of former President and now Manila Mayor Joseph Estrada, and some of the respondents were also ordered charged with technical malversation as defined under the Revised Penal Code.

Aside from Ejercito, ordered to be charged with graft were San Juan City Bids and Awards Committee (BAC) members, namely city administrator Ranulfo Dacalos, treasurer Rosalinda Marasigan, city Attorney Romualdo Delos Santos, city budget officer Lorenza Ching and city engineer Danilo Mercardo.

Dacalos, Marasigan, Delos Santos, Mercado and city accountant Alicia Barazon were also found guilty of administrative offense of misconduct and were ordered suspended without pay for six months.

Meanwhile, ordered charged with technical malversation together with Ejercito were former vice-mayor Leonardo Celles and former city councilors Andoni Carballo, Vincent Pacheco, Angelino Mendoza, Dante Santiago, Rolando Bernardo, Grace Pardines, Domingo Sese, Francis Peralta, Edgardo Soriano, Jannah Ejercito-Surla, Franciso Zamora, Ramon Nakpil and Joseph Christopher Torralba.

Based on the Ombudsman’s investigation, Ejercito, in February 2008, during his term as San Juan City mayor, requested the City Council for authority to purchase high-powered firearms using its calamity fund, explaining that the procurement was “an investment for disaster preparedness.”

In response, the City Council passed City Ordinance No. 9 Series of 2008 authorizing Ejercito to purchase firearms for the San Juan Police Department.

Based on the Ombudsman’s records, the firearms purchased included three units of K2 cal. 5.56mm sub-machine guns and 17 units of Daewoo model K1 cal. 5.56mm sub-machines guns in the total amount of P2.1million.

In its resolution, the Ombudsman said the procurement was done in haste without competitive bidding and examination of the supplier’s qualifications.

“[There was] hasty procurement of specific high-powered firearms of a particular brand sans competitive bidding and without any post-qualification, bolstered by bid documents bearing dates earlier than the publication of the invitation to bid, showing that an unwarranted benefit, advantage and preference [was accorded to the supplier],” the Ombudsman’s resolution read.

The Ombudsman further pointed out that under Circular No. 2003-1 of the Department of Budget and Management and Department of Interior and Local Government, “high-powered firearms are not among the items contemplated for disaster relief and mitigation.”

“More importantly, there was no declaration placing San Juan under a state of calamity,” the Ombudsman said.

Morales, in the resolution, said Ejercito “acted in concert with the members of the city council who authorized him to purchase firearms using the city’s calamity funds paving the way for the application of public funds for a purpose different from the one for which they were originally appropriated by law.” 

Surprised

Later in the day, Ejercito said he was surprised with the indictment.

“Unang-una, nagulat ako diyan sa kaso  dahil hindi ko na nga yan pinapansin dahil akala ko hindi magpo-prosper kasi anonymous ang nagfile, pangalawa napaka-ingat ko sa bawat papeles noong ako ay mayor,” Ejercito told reporters when sought for comment on the matter.

“You must understand [that] during those times, I was in the  opposition, time ni (President) Gloria [Macapagal] Arroyo yan, magkamali lang ako diyan tiyak hindi ako makakalusot kaya yung mga panahong iyon napakamaingat ko, confident ako na walang lulusot na  irregularity o anomaly,” he added. —KBK/NB/RSJ, GMA News