(Eagle News) — The Sandiganbayan has acquitted Senator JV Ejercito of the technical malversation case filed against him over the allegedly anomalous use of P2.1 million in calamity funds in 2008, when he was San Juan mayor.
In its 32-page decision, the sixth division also acquitted Ejercito’s 14 co-accused–Leonardo Gonzales Celles, Andoni Miguel Lopez Carballo, Vincent Rainier Manago Pacheco, Dante Espiritu Santiago, Grace Cortes Pardines, Francis Keith Peralta, Edgardo Velarde Soriano, Jannah-Altarejos-Surla, Joseph Christopher Torralba, Angelino Olano Mendoza, Rolando Martinez Bernardo, and former Vice Mayor Francisco Zamora–and lifted the respective hold departure orders issued against them.
It also ordered the bail bonds they posted for their provisional liberty released.
In acquitting the 15 accused, the sixth division granted the accused’s demurrer to evidence, and said the prosecution failed 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 subject firearms.”
It noted that the P2.1 million in calamity funds of the city in 2008 were intact, based on a perusal of records.
“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 an acquittal,” it said.
An accused is, after all, it said, is “presumed innocent..”
“In so doing, the evidence of the prosecution must stand or fall on its own merit and should not be allowed to draw strength from the weakness of the evidence for the defense,” it added.
“Grateful”
In a statement, Ejercito thanked 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,” he said.
“Rest assured that I will continue to devote my time and energy as senator of the Republic on the improvement of public transportation, housing, health, youth empowerment and education,” he added.
In indicting Ejercito and the 14 others, the Ombudsman had said there had been a conspiracy between the senator–who approved the purchase of firearms for the police department with the use of calamity funds even when a state of calamity was not in place— and other city officials such as the members of the city council, who passed a city ordinance allowing Ejercito to buy the firearms.
The purchase, however, prosecutors said, was done without “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.”
Ejercito had earlier been acquitted of graft charges against him. Meanne Corvera, Eagle News Service
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