SC upholds ER Ejercito’s graft conviction

The Supreme Court (SC) has affirmed the graft conviction of former Laguna Governor Emilio Ramon "ER" Ejercito in connection to the alleged illegal insurance deal he approved as mayor of Pagsanjan in 2008.

In a 16-page decision promulgated on February 5, 2025, the SC First Decision upheld that Ejercito and First Rapids Care Ventures (FRCV) owner Marilyn Bruel were guilty of violating Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

They were sentenced to up to eight years in prison and permanently banned from holding public office.

The case stemmed from a complaint filed by the United Boatmen Association of Pagsanjan (UBAP), which accused Ejercito and other local officials of awarding a contract to FRCV without public bidding.

The deal was for the supposed “accident protection and financial assistance” coverage of tourists and qualified boatmen plying the route to and from the Pagsanjan Gorge Tourist Zone.

Investigations, however, showed that no public bidding was held for the deal, and the contract was awarded to FRCV despite the fact that it has no license or certificate of authority from the Insurance Commission to engage in the insurance business.

The SC found that Ejercito “knowingly gave FRCV an unfair advantage, bypassing legal procedures and ignoring clear red flags.”

According to the High Court, the FRCV didn’t have a Certificate of Authority from the Insurance Commission, and was also registered with the Department of Trade and Industry and the Bureau of Internal Revenue just five days before it offered its services to Ejercito.

“These suggest that FRCV was created solely to provide specialized services to the Municipality of Pagsanjan despite having no prior experience,” the SC added.

The SC also pointed out that by “purposely sparing FRCV from the rigors of the processes under the procurement law and consciously turning a blind eye to irregularities, [Ejercito] gave it unwarranted benefit, advantage, or preference.”

Bruel, on the other hand, was found guilty of misrepresenting FRCV’s qualifications and conspiring with Ejercito to secure the contract.

“She falsely claimed that FRCV could provide the required services, even though its BIR registration listed it as a computer business,” it added

The SC had acquitted the Sangguniang Bayan members due to a lack of evidence proving they showed favoritism toward FRCV.

“Their ordinance did not prohibit Ejercito from holding public bidding; it only allowed negotiated procurement, although mistakenly,” the SC explained. —VAL, GMA Integrated News