Prosecution withdraws bid to suspend Floirendo

Ombudsman prosecutors have withdrawn their bid to suspend Davao del Norte 2nd District Representative Antonio Floirendo Jr., following the directive of Ombudsman Samuel Martires to let the Sandiganbayan suspend incumbent public officials on its own.

"The plaintiff respectfully begs the kind indulgence of the honorable court, and moves for the withdrawal of the motion to suspend pendente lite filed against accused Antonio R. Floirendo Jr.," the prosecution said.

In June, the prosecution urged the Sandiganbayan Sixth Division to order the preventive suspension of Floirendo while he is facing trial in the graft case filed against him by Davao del Norte 1st District Representative Pantaleon Alvarez.

The case stemmed from 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 DPC to be used as a banana plantation.

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

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

The prosecution said Floirendo is sufficiently charged with violation of Section 3(h) of RA 3019 and was already arraigned last May 25, thus warranting his suspension.

However, Martires issued a memorandum on August 28 ordering his prosecutors to withdraw all motions to suspend government officials facing criminal prosecution at the Sandiganbayan and in lower courts. 

Martires said the Supreme Court had ruled that suspension orders against these officials should come from the courts and not from the prosecution through a formal motion.

The prosecution said this directive from Martires prompts it to withdraw its bid to temporarily suspend Floirendo.

"Wherefore, premises considered, it is most respectfully prayed for this honorable court that the instant motion be granted and that the motion to suspend pendente lite filed against accused Antonio R. Floreindo Jr. be deemed withdrawn," the prosecution said.

The prosecution had earlier sought the Sandiganbayan's approval to withdraw the same motion against Senator Gringo Honasan over his alleged misuse of his pork barrel funds. — BM, GMA News