Floirendo loses appeal to dismiss BuCor-TADECO case

The Sandiganbayan has junked the appeal of Davao del Norte Representative Antonio Floirendo Jr. on the denial of his bid to dismiss the graft case filed by his colleague, Representative Pantaleon Alvarez.

In a resolution dated September 11, the Sixth Division said the motion for reconsideration lacks merit after it found sufficient basis to hold Floirendo for trial for violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act.

Floirendo had moved for the dismissal of his case since the charge against hin does not constitute graft when he holds a mere 0.89 capital stock of Tagum Agricultural Development Authority (TADECO).

Alvarez accused Floirendo of having financial interest with the Joint Venture Agreement (JVA) between TADECO 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, in his appeal, said the prosecution failed to prove that he used his position during the negotiations of the JVA and that a mere shareholding of a private company is insufficient to indict him.

The Sandiganbayan said these are the same arguments raised by Floirendo in his quashal motion. It reiterated that his shares of stock are already enough for the court to proceed in hearing the case.

"The other arguments of the accused are a mere reiteration or rehash of those in his motion to quash the information. These had already been considered and found to be without merit in the assailed resolution. Hence, it is unnecessary to discuss them anew," the Sandiganbayan said.

"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,” it added. —KBK, GMA News