The Sandiganbayan has ordered the trial of the graft case of Davao del Norte Rep. Antonio Floirendo Jr. owing to the alleged anomalous lease of land at the Davao Penal Colony.
In a resolution dated Aug. 7, the anti-graft court’s Sixth Division junked for “lack of merit” Floirendo’s appeal to dismiss his case over violation of the Anti-Graft and Corrupt Practices Act.
Floirendo’s case stemmed from former Speaker and Davao del Norte Rep. Pantaleon Alvarez’s allegations of irregularities in connection with the Consolidated Joint Venture Agreement between Tagum Agricultural Development Authority, where Floirendo’s family is a major stockholder, and its subsidiary Anflo Management and Investment Corp., 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, when Florendo was already a congressman.
In his motion, Floirendo said his case should be dismissed with the absence of proof of conflict of interest, which would constitute graft.
He said he was holding only 0.89 percent capital stock with Tadeco.
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 of the second mode of violation of Sec. 3(h) of R.A. No. 3019,” the Sandiganbayan said in its resolution authored by Division chairperson Associate Justice Sarah Jane Fernandez; Associate Justices Karl Miranda and Kevin Vivero concurred.
The Ombudsman earlier asked the Sandiganbayan to suspend Floirendo while the trial of the graft case filed against him by Speaker Alvarez was continuing.
Ombudsman prosecutors cited Section 13 of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, that mandates the suspension of a public official facing trial.
