Sandigan affirms ER Ejercito’s conviction

The Sandiganbayan has upheld the conviction of former Laguna governor Emilio Ramon “ER” Ejercito for graft over an anomalous insurance deal when he was mayor of Pagsanjan in 2008.

In an 18-page resolution released yesterday, the antigraft court’s fourth division said Ejercito failed to raise any meritorious argument in his motion to reverse its April 5 decision.

The court also denied the motions for reconsideration filed by Ejercito’s co-accused – former Pagsanjan councilors Arlyn Lazaro-Torres, Terryl Gamit Talabong, Kalahi Rabago, Erwin Sacluti and Gener Dimaranan as well as private respondent Marilyn Bruel, proprietor of First Rapids Care Ventures (FRCV).

Ejercito and the former councilors were sentenced to six to eight years in prison and barred from holding public office. The court also ordered the cancellation of their civil service eligibility and forfeiture of their retirement benefits.

In its new ruling, the Sandiganbayan rejected the claim of “good faith” of Ejercito and his co-accused in entering into an agreement with FRCV for accident protection and financial assistance coverage of tourists and boatmen at the Pagsanjan Gorge Tourist Zone.

“Claims that they were not familiar with the law will not excuse them from liability. The evidence they submitted to supposedly show that they tried to belatedly elicit opinion from lawyers belie their claim of good faith,” the ruling read.

“As found by the court, legal opinion regarding the matter were sought only after the memorandum of agreement had been signed by Ejercito and ratified by the Sangguniang Bayan,” it said.

In filing the case, the Office of the Ombudsman said the contract was awarded to FRCV without public bidding. FRCV had no license or certificate of authority to engage in insurance business from the Insurance Commission, it added.

Ejercito, a nephew of former president and Manila mayor Joseph Estrada, lost in his reelection bid to Ramil Hernandez.