Sandiganbayan rules to proceed with trial vs. Floirendo

The Sandiganbayan has denied the dismissal bid of Davao del Norte Representative Antonio Floirendo Jr. and ruled to push through with the trial of his graft case on the alleged anomalous lease of land at the Davao Penal Colony.

In a resolution dated August 7, the Sixth Division junked the quashal motion of Floirendo for “lack of merit” and found sufficient basis to try him for violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act.

The case stemmed from the charge filed by Davao del Norte Rep. Pantaleon Alvarez over the Consolidated Joint Venture Agreement (JVA) between Tagum Agricultural Development Authority (TADECO), where Floirendo's family is a major stockholder, and its subsidiary Anflo Management and Investment Corporation for the lease of land in the Davao Penal Colony to be used as a banana plantation.

The JVA was executed in 1979 which extended the period of lease for 25 years and renewed in May 2003 for another 25 years.

Alvarez had claimed Floirendo was already a member of the House of Representatives at the time the contract was renewed. Floirendo also allegedly served as a stockholder of TADECO in 2003 despite being in public office.

Floirendo argued his case does not constitute graft since there is no proof of conflict of interest, saying he merely holds a 0.89 percent capital stock with TADECO.

The Sandiganbayan, however, said the fact Floirendo was already a lawmaker when the deal with TADECO and the Bureau of Corrections was entered could make him liable for the offense.

It added the charge sheet clearly stated his alleged financial interest in the deal, urging Floirendo to better present his defense during the trial proper.

“At this point, there is no need to look into matters beyond the four corners of the information. This Court finds that the facts charged in the Information sufficiently allege the essential elements of the second mode of violation of Sec. 3(h) of R.A. No. 3019,” the Sandiganbayan said.

Division chairperson Associate Justice Sarah Jane Fernandez penned the resolution, with the concurrence of Associate Justices Karl Miranda and Kevin Vivero. — MDM, GMA News