Rep. Antonio Floirendo Jr.
It鈥檚 final: Prosecutors of the Ombudsman would soon charge Davao del Norte 2nd Dist. Rep. Antonio Floirendo Jr. with graft for having a financial interest in a banana company that has a joint venture agreement with the Bureau of Corrections.
In a 12-page order signed January 15, Ombudsman Conchita Carpio Morales denied Floirendo鈥檚 appeal on her September 4 resolution finding probable cause to indict him for violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act.
The said graft law provision prohibits public officers from having an interest in any transactions prohibited by the Constitution.
Article VI, Section 14 of the 1987 Constitution states that no senator or House member shall 鈥渄irectly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government鈥� during his term of office.鈥�
The Ombudsman applied this to BuCor鈥檚 joint venture agreement with Tagum Agricultural Development Corp. (Tadeco) in 2003.
Floirendo was serving as representative at the time, while holding 75,000 shares in the company worth P7.5 million. Most of Tadeco鈥檚 stocks were also owned by the Floirendo family through the holding company Anflo Management and Investment Corp. (Anflocor).
In appealing the approval of his indictment, Floirendo asked the Ombudsman to reopen the investigation of the case for the submission of additional documentary and testimonial evidence proving he had no participation in the negotiation and approval of the JVA.
But, the Ombudsman stood pat and said whether or not he had any participation was 鈥渋mmaterial,鈥� because 鈥渕ere possession of prohibited interest鈥� was sufficient to press criminal charges against him.
The resolution arose from Speaker Pantaleon Alvarez鈥檚 March 13 complaint questioning the joint venture agreement covering 5,308.36 hectares of Davao Penal Colony land, which was first entered into in 1969 and extended for another 25 years in May 21, 2003.
The Commission on Audit in an April 25 audit observation memorandum said the Tadeco agreement was unconstitutional for exceeding the 1,000-ha ceiling set by the 1973 and 1987 Constitutions, and the 1,024-ha cap by the 1935 charter, on the lease of land to private corporations.
COA also said it violated the 1987 Constitution鈥檚 50-year limit on the use of public lands by private corporations. The agreement also covered inalienable 鈥渞eserved lands鈥� that are 鈥渂eyond the commerce of man.鈥� Lastly, it found the selection of Tadeco did not go through public auction as required by Section 26 of Commonwealth Act No. 141, or the Public Land Act.
In its June 29 annual audit report of the BuCor, COA recommended criminal action against former officials of BuCor and its parent agency, the Department of Justice, who approved the penal land鈥檚 long-term use.
Tadeco, the world鈥檚 largest contiguous banana plantation, sells its produce to the Del Monte and Dole brands. Floirendo was the top financier of President Duterte鈥檚 election campaign, shelling out a total of P75 million, or a fifth of the P376.01-million kitty.
Although the two were Mr. Duterte鈥檚 major allies from the Davao region, speculation arose that Floirendo and Alvarez鈥檚 dispute arose from a fight between Floirendo鈥檚 longtime partner and Alvarez鈥檚 girlfriend, who confirmed the spat took place.