MANILA - The Ombudsman on Wednesday filed charges of graft and illegal use of public funds against Senator Joseph Victor "JV" Ejercito over the alleged unlawful diversion of P2.1-million calamity funds to purchase high-powered firearms for San Juan City police in 2008.

This, following the denial of Ejercito and his 19 co-defendants' motions for reconsideration on the Ombudsman's approved indictment last December. The Ombudsman pointed out that the defendants failed to present new evidence that would assail the result of the investigation.

The case stems from the purchase of 20 high-powered firearms from HK Technical Defense System Inc. when Ejercito was San Juan City mayor in 2008. This includes three units of Daewoo K2 caliber 5.56mm sub-machine gun and 17 units of Daewoo model K1 caliber 5.56mm sub-machine gun.

Based on the investigations, then San Juan City Police Chief Supt. Rodelio Jocson wrote to the city council to request for 30 units of high-powered firearms worth P4.812 million on February 6, 2008. The firearms would be used to thwart the increasing number of bank and payroll robberies in the city.

It was approved by the Sangguniang Panlusod after five days, and was approved by Ejercito the next day, February 6, 2008.

The Sangguniang Panlunsod passed a city ordinance authorizing Ejercito to proceed with the purchase of the firearms.

The ordinance was twice modified, first on February 18, 2008 which reduced the amount of 10 units of HK UMP .45 caliber NATO sub-machine gun from P270,000 per piece to P235,000 per piece. The second modification was on March 31, 2008 which allowed the use of P5.8 million calamity fund for the purchase of the police equipment.

But the Ombudsman said high-powered firearms are not among the items considered in disaster relief and mitigation.

Aside from Ejercito, San Juan City Bids and Awards Committee also face charges including city administrator Ranulfo Dacalos, treasurer Rosalinda Marasigan, city legal officer Romualdo Delos Santos, budget officer Lorenza Ching, and city engineer Danilo Mercado.

Meanwhile, incumbent San Juan City Vice Mayor and mayoral candidate Francisco Zamora also faces illegal use of public funds charge, together with former Vice Mayor Leonardo Celles, then 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, after allegedly authorizing the use of calamity funds.

Aside from violating the use of calamity funds, the Ombudsman accused Ejercito, Dacalos, Delos Santos, Ching and Mercado of allowing the transaction without the required competitive bidding.

"The Invitation to Apply for Eligibility and to Bid was scheduled from April 26 to 30, 2008, but on April 25, 2008, the Bids and Awards Committee had already determined the eligibility of HKTDSI," the Ombudsman resolution read. "The Notice of Award and Purchase Order were issued to HKTDSI on May 22, 2008, only two days after the opening of the bid on May 20, 2008."

In a statement, Ejercito maintained his innocence and claimed that the firearms purchase was aboveboard.

"It is unfortunate that the Office of the Ombudsman denied my motion for reconsideration on the 2008 case of firearms procurement, when I was San Juan City mayor," he said.

Ejercito emphasized that his "conscience remains clear."

"I did not commit technical malversation. The firearms purchase was done accordingly within the law, that is why COA cleared us from any disallowance. My lawyer and I are preparing the next steps to resolve this case, which is clearly politically motivated," said Ejercito.

The senator also said that the case is "clearly politically motivated."