Sandiganbayan junks Antonio Floirendo’s bid to dismiss graft raps

MANILA, Philippines — The Sandiganbayan has denied the motion of Davao del Norte second district Rep. Antonio Floirendo Jr. to dispense with the presentation of his counter-evidence in connection with the graft charges he is facing.

In a resolution promulgated on March 4 and obtained by reporters yesterday, the anti-graft court’s sixth division denied Floirendo’s motion to file a demurrer to evidence, which would have allowed him to seek the dismissal of the charges without presenting his defense.

The filing of a demurrer to evidence is legal strategy to seek the dismissal of the case halfway through the trial.

In its ruling, the Sandiganbayan said Floirendo could still file a demurrer provided that he agrees to submit the case for resolution based only on the evidence presented by the prosecution.

Floirendo was given five days from the receipt of the resolution to manifest whether he is still submitting a demurrer to evidence without leave of court.

The case stemmed from Floirendo’s holding of 75,000 shares of stocks worth P7.5 million with Tagum Agricultural Development Co. Inc.(Tadeco), which entered into a joint venture agreement (JVA) with the Bureau of Corrections in 1969 for the lease of 3,000 hectares of land at the Davao Penal Colony.

Tadeco used the land for a banana plantation.

The Office of the Ombudsman said Floirendo violated Section 3(h) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits government officials from directly or indirectly having financial or pecuniary interest in any business, contract or transaction.

The ombudsman  said Floirendo was congressman when the JVA was renewed in 2003, adding that he even became vice chairman of Tadeco in 2008.