Floirendo legal woes pile up

Davao del Norte 2nd District Rep. Antonio Floirendo Jr. may have not seen the end of his legal battles stemming from the charges filed against him by Davao 1st District Rep. and former House Speaker Pantaleon Alvarez.

In a ruling Wednesday, the Sandiganbayan Sixth Division denied the motion of Floirendo to prevent Alvarez’s lawyers from assisting in the graft case filed against the Second District solon.

The Sandiganbayan pointed out that Floirendo’s motion for reconsideration failed to convince the Court to reverse its previous decision.

“The Court finds no reason to reverse its ruling in the assailed Resolution and resolves to deny the accused’s motion for reconsideration,” the resolution said.

In its decision, the Sixth Division allowed Attorneys Edgardo de Jesus and Paul Joseph Mercado to participate in the proceedings in Floirendo’s graft case for alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. But the ruling prohibited the lawyers from conducting direct and cross examinations of witnesses or to raise any objections during the trials. It said both Mercado and De Jesus were not deputized as special prosecutors.

The order also stated Mercado could participate in the proceedings as long as doing so will not hamper his official duties at the House of Representatives. He is also barred from attending the hearings during office hours.

In his motion for reconsideration, Floirendo argued that seeking the services of private legal counsels only apply in civil cases and is not allowed if the alleged injured party is the government. He raised a question why Mercado was allowed to sit with the prosecution panel.

But the Sandiganbayan pointed out that his arguments were already addressed in its past resolution and added that Mercado and De Jesus “were explicitly prohibited from actually taking part and appearing on behalf of the Office of the Ombudsman in the proceedings.”

According to the anti-graft court, Mercado is joining the prosecution in his personal capacity while De Jesus is not a government employee.

The case against Floirendo stemmed from a complaint filed by Alvarez over the consolidated joint venture agreement (JVA) between Tagum Agricultural Development Authority (TADECO) and its subsidiary Anflo Management and Investment Corporation for the lease of land in the Davao Penal Colony to plant bananas.

Alvarez said the agreement is contrary to public interest because Floirendo’s family is a major shareholder in TADECO.

The JVA was executed in 1979 which extended the period of lease for 25 years and renewed in May 2003 for another 25 years. At the time of the renewal, Floirendo was already a member of the House of Representatives.