Sandiganbayan junks JV’s malversation raps
M A N I L A – T h e Sandiganbayan absolved Sen. Joseph Victor “JV” Ejercito and several others from technical malversation in relation to the purchase of high-powered firearms using calamity funds when he was still mayor of San Juan City.
In a decision released yesterday, the sixth division of Sandiganbayan granted the demurrer to evidence filed by Ejercito and 14 others. It also lifted the hold departure order against the respondents.
A demurrer to evidence is a motion to dismiss filed by the accused after the prosecution has f i nished presenting evidence. It is filed if the accused
n rt thinks the evidence presented is insufficient.
“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,” it said.
“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 acquittal,” the anti- graft court added.
Aside from the Bacolodnon senator, all acquitted were Leonardo Celles, Andoni Miguel Carballo, Vincent Rainer Pacheco, Angelino Mendoza, Dante Santiago, Rolando Bernardo, Grace Perdines, Domingo Sese, Francis Keith Peralta, Edgardo Soriano, Jannah Ejercito-Surla, Francisco Javier Zamora, Ramon Nakpil, and J oseph Christopher Torralba.
The case stemmed from the alleged unlawful diversion of P2.1 million in calamity funds for the purchase of high- powered firearms for the city’s