The Ombudsman has asked the Sandiganbayan to suspend Davao del Norte Rep. Antonio Floirendo Jr. while the trial of the graft case filed against him by Speaker Pantaleon Alvarez is going on.
In a motion filed at the anti-graft court’s Sixth Division, the Ombudsman cited Section 13 of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, that mandates the suspension of a public official facing trial.
Section 13 of the law provides: “Any incumbent public officer against whom any criminal prosecution under a valid information or for any any offense involving fraud upon government or public funds or property pending in court shall be suspended from office.”
The prosecution team told the court that “there is no dispute that Floirendo is sufficiently charged with violation of Section 3(h) of RA 3019 and was already arraigned last May 25.’’
If Floirendo is suspended, the prosecutors said, he will be prevented “from committing the same offense and from influencing potential witnesses in his case over the alleged anomalous lease of land at the Davao Penal Colony [DPC].”
“Verily, such suspension pendente lite is aimed not merely to prevent the accused from intimidating witnesses or otherwise hamper the prosecution of the case, but also to prevent him from committing further acts of malfeasance in office,” the prosecution added.
Alvarez accused Floirendo of irregularities in connection with the Consolidated Joint Venture Agreement (JVA) between Tagum Agricultural Development Authority (TADECO), where Floirendo’s family is a major stockholder, and its subsidiary Anflo Management and Investment Corporation, for the lease of land in DPC to be used as a banana plantation.
The Consolidated JVA was executed in 1979 which extended the period of lease for 25 years and renewed in May 2003, when Florendo is already a congressman.