The Supreme Court (SC) has affirmed the 90-day preventive suspension of Sen. Joseph Victor “JV” Ejercito on a graft case involving the purchase of firearms in 2008 when he was mayor of San Juan City.
In a resolution dated September 14, 2016 but received by the Sandiganbayan yesterday, the high court said the anti-graft court’s fifth division did not commit any abuse of discretion in suspending Ejercito pending litigation of his graft case.
“After a judicious review of the records, the Court resolves to dismiss the instant petition and affirm the Aug. 22, 2016 resolution of the Sandiganbayan’s fifth division… for failure of petitioners Joseph Victor G. Ejercito, Ranulfo BA Dacalos, and Romualdo delos Santos to show that the Sandiganbayan committed grave abuse of discretion… in suspending them pendente lite for a period of ninety (90) days,” SC’s resolution stated.
The SC said that the Sandiganbayan correctly ruled that under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) suspension is mandatorily imposed on any incumbent public official charged validly for violation of the anti-graft law.
It said that in the case of Dacalos and Delos Santos who had served their six-month suspension as penalty for their administrative liability, their 90-day preventive suspension is distinct and separate.
Ejercito and several city officials were charged with graft for allegedly using calamity funds in 2008 to buy guns for the policemen.
It was reported that Ejercito had filed a demurer to evidence, a legal move that seeks the dismissal of the criminal case based solely on the evidence presented by the prosecution.
The post JV Ejercito’s 90-Day Suspension Upheld appeared first on Manila Bulletin
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