JV charged with graft over ₱ 2.1-M gun purchase

Senator Joseph Victor “JV” Ejercito and other former and current officials of San Juan City were charged before the Sandiganbayan over the alleged anomalous purchase of firearms worth 2.1 million using

the city’s calamity fund in 2008.

Ejercito and his co-accused were charged by the Office of the Ombudsman with one count of violating Section 3(e) of Republic Act (Anti- Graft and Corrupt Practices Act) and one count of illegal use of public funds or property under Article 220 of the Revised Penal Code (RPC).

Aside from Ejercito, also charged with graft were city administrator Ranulfo Dacalos, city legal officer Romualdo delos Santos, former city treasurer Rosalinda Marasigan, former budget officer Lorenza Ching, and former city engineer Danilo Mercado.

Charged with illegal use of funds are Vice Mayor Francisco Zamora, councilors Leonardo Celles, Rolando Bernardo, and Edgardo Soriano; and former councilors Vincent Pacheco, Angelino Mendoza, Dante Santiago, Grace Pardines, Domingo Sese, Francis Peralta, Jannah Ejercito Surla, Ramon Nakpil, and Joseph Torralba.

The Ombudsman recommended that each of the accused post a bail bond of 30,000 for the graft charge and another 6,000 for the case of illegal use of public funds.

In 2008, then Mayor Ejercito purchased three units of Daewoo K2 caliber 5.56mm submachine guns and 17 units of Daewoo K1 caliber 5.56mm submachine guns from HK Tactical Defense System, Inc. (HKTDSI) in the amount of 2.1 million.

The purchase was made after the city council authorized the use of the city’s calamity fund to buy the firearms.

However, the Ombudsman said this caused undue injury to the government since the funds were used for a different purpose from what is intended and appropriated for under the law.

Apart from this, the Ombudsman said the purchase was done without the required public bidding and post qualification.

The Ombudsman found that the Notice of Award and Purchase Order were issued to HKTDSI on May 22, 2008, only two days after the opening of bid on May 20, 2008.

Though the Invitation to Apply for Eligibility and to Bid (IAEB) was scheduled to conduct the eligibility of bidders from April 26 to 30, 2008, it was discovered that the Bids and Awards Committee (BAC) had already determined the eligibility of HKTDSI on April 25, 2008.

Ejercito questioned the timing of the filing of graft and technical malversation cases against him and his co-accused. He said he believes the case is “politically motivated” and is connected to local politics in San Juan where her mother, incumbent Mayor Guia Gomez, is currently running for reelection.

Ejercito is son of former President and now Manila Mayor Joseph “Erap” Estrada with Gomez.

The senator said it is unfortunate that the Ombudsman denied his motion for reconsideration on the 2008 case of firearms procurement.

“My conscience, however, remains clear. I did not commit technical malversation,” Ejercito said in a text message to reporters.

The lawmaker insisted the procurement of the firearms was in accordance with the Government Procurement Act.

He pointed out that the Commission on Audit (COA) has said it has not found anything irregular with the purchase of firearms.

“The firearms purchase was done accordingly within the law, that is why COA cleared us from any disallowance,” he said. (With a report from Hannah L. Torregoza)