MANILA, Philippines — Former Davao Del Norte Rep. Antonio “Tonyboy” Floirendo has been found guilty by the Sandiganbayan for graft due to a land lease agreement that Tagum Agricultural Development Co. (Tadeco) entered with the Bureau of Corrections (BuCor).
In the 23-page decision from the Sandiganbayan’s Sixth Division dated Wednesday, Floirendo was said to have committed graft as Tadeco and BuCor renewed the joint venture agreement (JVA) while he was sitting as a member of the House of Representatives in May 2003.
Floreindo owns 75,000 shares of common stock in Tadeco, a banana plantation company owned by his family.
According to the Sixth Division, the former lawmaker never denied having financial interests in the said company, which uses part of the BuCor’s Davao Penal Farm for their plantation, with inmates used as workers in exchange for a guaranteed share for BuCor.
Floirendo insisted that his ownership of stocks in Tadeco are not covered by Article VI, Section 14 of the 1987 Constitution — which disallows members of the House and the Senate to be financially connected with any company or corporation given the special privilege by the government — as he was not involved in the negotiation of the JVA.
“The fact that the accused did not have any participation in the negotiation and/or execution of the 2003 JVA is of no moment,” the decision penned by Sixth Division chair and Associate Justice Sarah Jane Fernandez read.
“Under the second sentence of the Sec. 14, merely being directly or indirectly interested financially in a contract with the government or any subdivision, agency, or instrumentality thereof during the Representative’s term of office, is prohibited,” she added.
The anti-graft court also contested Floirendo’s claims that he is not required to divest his shares in Tadeco because the shares were acquired even before his election into office.
“Verily, under Sec. 9 of R.A. 6713, a public official or employee is required to divest himself or herself of his or her shareholdings within sixty (60) days from the assumption of office when a conflict of interest arises,” the Court explained.
“Here, the accused should have divested himself of his shares in Tadeco and Anflocor, which owns 56% of Tadeco shares of stock, upon the execution of the 2003 JVA because the accused’s holding of shares in said corporations was prohibited under Sec. 14, Article VI of the Constitution,” it added.
The issue against Floirendo and Tadeco sprung open in the 17th Congress when his former friend and former Speaker Rep. Pantaleon Alvarez filed a graft complaint before the Office of the Ombudsman.
The Ombudsman approved the complaint in 2017.
Alvarez filed a case after he had a falling out with Floirendo last 2017. It was also rumored that the former House leader had an argument with Floirendo’s girlfriend which led to their severed ties.
READ: Floirendo a no-show at House probe on Tadeco
Due to Floirendo’s conviction, he will face a penalty of imprisonment from a minimum of six years and one month to a maximum of eight years. He is also perpetually disqualified from holding any public office. [ac]