MANILA - The second day of Senator JV Ejercito's graft trial proceeded on Monday, with a San Juan City employee, a bank representative and a journalist at the witness stand.

Ejercito was accused of graft and illegal use of public funds after using of P2.1 million in calamity funds to purchase of 20 high-powered firearms from HK Technical Defense System Inc. when was San Juan City mayor in 2008. The firearms were allegedly bought in response to the city police chief's request, to help deter the increasing criminal activities in San Juan City.

Why JV Ejercito used calamity fund to buy guns

First to testify was Eduvinia Mabulac, human resource management officer of the city government's Bids and Awards Committee.

The prosecution presented Mabulac to prove that HK Technical Defense System Inc., the company which supplied the firearms, already knew the specifications of the contract before it was opened for public bidding.

Assistant special prosecutor Peter Jed Boco asked Mabulac why the pre-qualification documents submitted by HK Technical Defense System Inc.on March 17, 2008 already indicates the project preference number, when the invitation to bid was only published on April 14, 2008.

"When we issued the bid documents, they are all blank forms. Nothing is written," Mabulac said.

Landbank representative Shiela Dalumpienes, meanwhile, was presented by the prosecution to prove that "the transaction was consummated as early as August 2008."

Dalumpienes testified on her judicial affidavit that a P1,987,500-check was issued by the San Juan City government to HK Technical Defense System Inc. in August 2008. The money was debited from an existing bank account for the city's general fund.

The third witness presented was Amita Legaspi, a journalist from GMA News Online who testified about an article from her ambush interview with the senator last December 8, 2016.

In Legaspi's article, Ejercito admitted using the calamity funds. However, he clarified that the city returned the money after the Commission on Audit (COA) said that they cannot use the calamity funds to purchase the guns. The Sangguiang Panlusod, thereafter, issued resolution which allows the use of the supplemental budget to pay for the firearms purchase.

But Ejercito's lawyer, Atty. Ashleigh Panopio, told Legaspi that her news article failed to mention the Department of Budget Management circular issued in 2003 which allows local government units to use calamity funds in times of disaster, that there was no notice of disallowance from COA, and that the indictment came six to seven years after the transaction.

Legaspi said the other aspects sought by the senator's lawyers were included in another reporter's article, as she only covers the happenings at the Senate.

Meanwhile, Ejercito was absent from the hearing due to a committee hearing at the Senate.