JV Ejercito seeks dismissal of malversation case

MANILA, Philippines — Sen. Joseph Victor “JV” Ejercito is seeking the dismissal of his remaining case before anti-graft court Sandiganbayan over the alleged anomalous purchase of P2.1-million worth of high-powered firearms during his term as mayor of San Juan City.

 

In a three-page joint motion filed on March 24, Ejercito and his nine co-accused asked the permission of court's Sixth Division to allow them to file a demurrer to evidence in a bid to have their technical malversation case dismissed on the ground of the supposed weak evidence of the prosecution team.

 

The filing of a demurrer to evidence is a legal strategy usually employed by the defendants to seek the dismissal of the case halfway through the trial based solely on the evidence presented by the prosecution.

 

Under the trial rules, the respondents must first seek the court's permission before filing their demurrer so as not to lose their chance to present counter-evidence should the court denies the demurrer.

 

In their motion, Ejercito and his co-accused maintained that “the prosecution failed to establish with sufficient evidence their guilt beyond reasonable doubt.”

 

The technical malversation case stemmed from the San Juan City government's purchase of 20 units of sub-machine guns in the total amount of P2.1 million through direct contracting.

 

The ombudsman said resorting to a specific brand of firearms of the accused was in violation of government procurement laws. The ombudsman said the items were also allegedly purchased using the city government's calamity fund despite having no state of calamity at that time.

 

In their motion, Ejercito and the other respondents maintained that “there was no diversion, misapplication, or misuse” of the calamity fund for the subject transaction as its use was authorized by appropriation ordinances passed by the City Council.

 

“Those ordinances and resolution of the Sangguniang Panglungsod of San Juan City are valid unless declared otherwise by a court of competent jurisdiction...the ordinances subsist up to the present as they were never questioned or challenged in court,” the motion read.

 

The respondents also argued that while there were ordinances approving the use of the calamity fund of the firearms purchase, the money used to pay the firearms supplier HK Tactical Defense System, Inc (HKTDSI) actually came from the city's general fund.

 

“Even if the ordinances were illegal and/or had been nullified by a competent court with finality, the prosecution still failed to prove that the calamity fund was actually used to pay for the Firearms subject of this case...the prosecution's own exhibits and witnesses had confirmed that the cost of the subject firearms were paid out of San Juan City'a general fund, not the calamity fund,” the motion read.

 

The Sandiganbayan Fifth Division had earlier dismissed with finality the graft case against Ejercito over the same alleged anomaly after he filed a demurrer to evidence citing the weak evidence of the prosecution.