Sandiganbayan affirms JV Ejercito acquittal over P2.1-M firearms deal

The Sandiganbayan has upheld its acquittal of Senator Joseph Victor “JV” Ejercito for illegal use of public funds over the alleged anomalous purchase of high-powered firearms during his term as mayor of San Juan City in 2008.

In a six-page resolution, the anti-graft court’s Sixth Division junked the prosecution’s motion for reconsideration saying a reversal of its earlier ruling places Ejercito in double jeopardy.

“A judgment of acquittal is immediately final and executory upon its promulgation. As a general rule, it can neither be appealed nor reconsidered because it will place the accused under double jeopardy,” the Sandiganbayan said.

The Sandiganbayan said this right is enshrined under Section 21, Article III of the Constitution and under Section 7, Rule 117 of the Rules of Criminal Procedure.

Both provisions state that an accused cannot be charged of the same offense he allegedly committed after the court had already ordered his dismissal.

In August, the Sandiganbayan ruled in favor of the demurrer to evidence of Estrada and ruled that the prosecution was unable to prove the lawmaker’s guilt on the P2.1-million worth of firearms which was purchased using the city government’s calamity fund.

The Sandiganbayan said its earlier approval of Ejercito’s demurrer is already tantamount to his acquittal and therefore prevents his further prosecution on the case.

“The order granting the demurrer to evidence filed by the accused is an adjudication on the merits of the case, and is tantamount to an acquittal,” the resolution read.

Furthermore, the anti-graft court said the prosecution was unable to present “something new” to convince the magistrates to reconsider their motion.

“The grounds relied upon are a mere rehash or reiteration of the grounds and arguments already passed upon and resolved by the court in the assailed decision,” the Sandiganbayan said.

“The court finds no cogent reasons to deviate from its original finding that the evidence presented by the prosecution is insufficient to warrant the conviction of the accused of the crime of illegal use of public funds,” it added.

Associate Justice Karl Miranda penned the resolution, with the concurrence of Associate Justice Michael Frederick Musngi and Sixth Division chairperson Associate Justice Sarah Jane Fernandez, who noted that Ejercito “will be placed in double jeopardy” if the motion is approved. —KG, GMA News