Davao del Norte Rep. Antonio Floirendo Jr.‘s appeal to prevent the lawyers of former Speaker Pantaleon Alvarez from helping the prosecution in his graft case in connection with allegedly anomalous land lease deal at the Davao Penal Colony was struck down by the Sandiganbayan’s Sixth Division.
The anti-graft court’s division said, “The Court finds no reason to reverse its ruling in the assailed Resolution and resolves to deny the accused’s motion for reconsideration.”
The court allowed the prosecution to tap lawyers, Edgardo De Jesus and Paul Joseph Mercado, to join the proceedings of the case of Floirendo, who was accused of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act.
It affirmed its earlier decision that allowing Alvarez’s lawyers to assist in prosecuting the graft case filed against Floirendo. Maricel V. Cruz
The antigraft court’s Sixth Division in a minute resolution dated May 23 granted the Ombudsman’s manifestation to allow lawyers, Edgardo de Jesus and Paul Joseph Mercado, to appear in the trial of the case filed by Alvarez.
However, the court prohibited de Jesus and Mercado from giving direct and cross-examinations and raise objections during the trial since they were not deputized by the Office of the Ombudsman as special prosecutors.
Mercado, a lawyer employed by the House of Representatives has secured an authority from the chamber’s secretary general, lawyer Cesar Pareja, to “engage in limited practice of profession.”
This means Mercado can only join the prosecution if the proceedings will not be in conflict with his official duties and shall not be during office hours of the House, which implements a four-day work week–Monday to Thursday.
The Sandiganbayan affirmed its earlier position that Mercado can assist the prosecution as long as he can assure that his services will not impair his responsibilities as Supervising Legislative Staff Officer III and no government funds will be used.
Floirendo pled not guilty to one count of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act last week.
Floirendo’s case stemmed from Alvarez’s allegations of irregularities in connection with 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, when Florendo is already a congressman.