The Supreme Court has upheld the 90-day preventive suspension imposed by the Sandiganbayan on Senator Joseph Victor “JV” G. Ejercito, in connection with a graft case involving the purchase of firearms in 2008 when he was mayor of San Juan City.
In a September 14, 2016 resolution, but only received by the Sandiganbayan Friday, the SC ruled that the Sandiganbayan’s Fifth Division did not commit any abuse of discretion in suspending Ejercito pending litigation of his graft case.
According to the tribunal, the Sandiganbayan correctly ruled that under Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, suspension is mandatorily imposed on any incumbent public official charged validly for violation of the anti-graft law.
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.