OMBUDSMAN Conchita Carpio Morales has recommended the filing of criminal charges against Senator Joseph Victor "JV" Ejercito and 19 others over the alleged anomalous purchase of high-powered firearms in February 2008 when he was mayor of San Juan City.
In a resolution, Morales has found probable cause to indict Ejercito and former vice mayor Leonardo Celles for violation of the Republic Act (RA) 3019 Anti-Graft and Corrupt Practices Act and the Government Procurement Act for purchasing high-powered firearms using the City Government's calamity fund.
Also facing charges for violation of RA 3019 are incumbent Vice Mayor Francis Zamora and city councilors Andoni Carballo, Vincent Pacheco, Angelino Mendoza, Dante Santiago, Rolando Bernardo, Grace Pardines, Domingo Sese, Francis Peralta, Edgardo Soriano, Janna Ejercito-Surla, Ramon Nakpil and Joseph Torralba.
In February 2008, the City Government purchased three units of model K2 cal. 5.56mm sub-machine guns and 17 units of Daewoo model K1 cal. 5.56mm sub-machines guns in the total amount of P2.1 million using calamity funds following Ejercito's request to the city council.
The council passed City Ordinance No. 9 series of 2008 authorizing Ejercito to purchase firearms for the San Juan Police City Department.
Ejercito explained that the procurement was "an investment for disaster preparedness" but Morales said that under the Joint Circular No. 2003-1 by the Department of Budget and Management and the Department of Interior and Local Government, high-powered firearms are not among the items contemplated for disaster relief and mitigation.
But the Ombudsman pointed out that there was no declaration placing the City of San Juan under a state of calamity when the purchased of firearms happened.
Morales said that Ejercito "acted in concert with the members of the city council who authorized him to purchase firearms using the city’s calamity funds paving the way for the application of public funds for a purpose different from the one for which they were originally appropriated by law."
She also noted the "hasty procurement of specific high-powered firearms of a particular brand sans competitive bidding and without any post-qualification."
Morales also noted that the officials have given an "unwarranted benefit, advantage and preference" to the supplier as the bid documents have "dates earlier than the publication of the invitation to bid."
The Ombudsman also found probable cause to indict the following Bids and Awards Committee members for violation of RA 3019: City Administrator Ranulfo Dacalos, City Treasurer Rosalinda Marasigan, City Legal Officer Romualdo Delos Santos, City Budget Officer Lorenza Ching and City Engineer Danilo Mercardo.
Dacalos, Marasigan, Delos Santos, Mercado and Barazon were also found guilty of misconduct and were ordered suspended without pay for six months.
On the other hand, Ejercito said he believed that the malversation and graft charges filed against him were tainted with politics.
"I was shocked because I just ignored it because I thought, it won't prosper because first of all, the one who filed was anonymous," Ejercito said in an ambush interview on Tuesday.
"I have suspicion that that this is politically motivated. I think our political rivals are pushing (this case against me). I don't know, I might be wrong but no one would push this since it's been for a long time," he added.
Ejercito said that when he was the mayor of San Juan City, he tried to acquire P2.1 million worth of firearms using the calamity fund but the Commission on Audit (COA) warned them that they could not use it.
After the COA issued the warning, the senator said he instead asked the city council to get the fund from the supplemental budget.
The senator also cited the COA report that nothing was found irregular in procuring the firearms because the calamity fund was "intact."
Ejercito said he will ask his lawyer to file a motion for reconsideration to junk the cases filed against him. (Sunnex)