Sandiganbayan junks Floreindo bid for reinvestigation of Tadeco case

MANILA, Philippines — The Sandiganbayan has ruled to proceed with the trial of a graft case against Rep. Antonio Floirendo Jr. (Davao del Norte, 2nd District) in connection with his alleged unlawful financial interests in a banana plantation doing business with the government.

In a five-page resolution promulgated on April 12, released to the media Wednesday, the anti-graft court's Sixth Division denied Floirendo's motion to revert the case to the Office of the Ombudsman for reinvestigation.

"There is no need to order the Office of the Ombudsman to complete the preliminary investigation because it has been completed," the ruling penned by division chairperson Associate Justice Sarah Jane Fernandez read.

In his motion filed on March 19, Floirendo prayed to the Sixth Division to defer his scheduled arraignment, maintaining that the ombudsman had yet to complete its investigation before the case was filed in court.

Floirendo pointed out that it was only on February 1 when he received the ombudsman's December 28, 2017 decision denying his bid to present additional evidence to clear himself. Floirendo said that, under the rules, a party has five days to file a motion for reconsideration on a decision.

The Sixth Division, however, maintained that the ombudsman, in the same December 28 decision, had also denied Floirendo's motion for reconsideration on the anti-graft agency's earlier findings that there is probable cause to charge him with graft.

The Sixth Division said that under Section 7, Rule II of the Rules of Procedure of the Office of the Ombudsman, only one motion for reconsideration or reinvestigation is allowed.

The court set Floirendo's arraignment on May 2.

Floirendo's case involves a alleged violation of Section 3 (h) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act. The provision prohibits government officials from "directly or indirectly having financial or pecuniary interest in any business, contract or transaction... in which he is prohibited by the Constitution or by any law from having any interest."

Filed by the ombudsman on February 9 of this year, the case stemmed from a complaint filed by House Speaker Pantaleon Alvarez (Davao del Norte, 1st District).

Tadeco joint venture

Alvarez alleged that Floirendo, the biggest financier of President Rodrigo Duterte's presidential campaign, remained a board member of Tagum Agricultural Development Co. Inc. (Tadeco), despite his election as congressman.

Tadeco entered into a joint venture agreement (JVA) with the Bureau of Corrections (BuCor) in 1969, which allowed the firm to lease 3,000 hectares of land in the Davao Penal Colony for a banana plantation.

Tadeco is the world's largest exporter of Cavendish bananas to countries in Asia, as well as to the Middle East and Russia under the Del Monte and Dole brands.

Based on the case information sheet, Floirendo was already a lawmaker when the JVA was renewed in 2003. Even though he ceased being a board member, he allegedly still owned 75,000 shares of stock of the company and even became its vice chairman in 2008.

The ombudsman said Floirendo's failure to divest all his interests in Tadeco, no matter how small their values are, was in violation of Article VI, Section 14 of the 1987 Constitution, which prohibits members of the Senate and the House of Representatives form having a direct or indirect financial interest in any contract with the government.