Sandiganbayan denies Floirendo's bid to challenge evidence
Published Mar 7, 2019 07:45 pm
By Czarina Nicole Ong Ki
The Sandiganbayan Sixth Division has denied the motion for leave to file a demurrer to evidence submitted by Davao Del Norte Rep. Antonio “Tonyboy” Floirendo Jr., who wished to challenge the prosecution's evidence as insufficient in his graft case.
Davao del Norte 2nd District Representative Antonio Floirendo Jr. (ROBINSON NIÑAL JR./Presidential Photo / MANILA BULLETIN)
Floirendo has been slapped with a violation of Section 3(h) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act due to his involvement in the joint venture agreement between the Bureau of Corrections (BuCor) and Tagum Agricultural Development Company (TADECO) back in 2003.
Floirendo, who was serving as the Representative of the 2nd District of Davao Del Norte from 2001 to 2004, owned most of TADECO's shares of stocks. He had 75,000 shares of TADECO, or equivalent to 89 percent of its outstanding capital stock at the time of the 2003 agreement.
This was a violation of Section 3(h) of R.A. 3019, since local officials are prohibited from having financial or pecuniary interest "in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity."
While Floirendo did not think that the prosecution's evidence is sufficient enough to render a guilty verdict in his case, the anti-graft court thought otherwise.
"After carefully reviewing the prosecution's evidence, accused Floirendo's motion...and the prosecution's comment and opposition...this court resolves to deny the accused's motion," the court ruled.
"As provided in Rule 119, Section 23 of the Rules of Court, he may adduce evidence in his defense, or in the alternative, he may file a demurrer to evidence without leave of court," it added.
If Floirendo decides to file his demurrer without leave of court, he is waiving his right to present his own evidence and the case would automatically be submitted for resolution.
He has been given five days since March 4 to inform the court of his next course of action. The scheduled hearing on March 25 has been ordered maintained unless Floirendo pushes through with the demurrer.
Davao del Norte 2nd District Representative Antonio Floirendo Jr. (ROBINSON NIÑAL JR./Presidential Photo / MANILA BULLETIN)
Floirendo has been slapped with a violation of Section 3(h) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act due to his involvement in the joint venture agreement between the Bureau of Corrections (BuCor) and Tagum Agricultural Development Company (TADECO) back in 2003.
Floirendo, who was serving as the Representative of the 2nd District of Davao Del Norte from 2001 to 2004, owned most of TADECO's shares of stocks. He had 75,000 shares of TADECO, or equivalent to 89 percent of its outstanding capital stock at the time of the 2003 agreement.
This was a violation of Section 3(h) of R.A. 3019, since local officials are prohibited from having financial or pecuniary interest "in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity."
While Floirendo did not think that the prosecution's evidence is sufficient enough to render a guilty verdict in his case, the anti-graft court thought otherwise.
"After carefully reviewing the prosecution's evidence, accused Floirendo's motion...and the prosecution's comment and opposition...this court resolves to deny the accused's motion," the court ruled.
"As provided in Rule 119, Section 23 of the Rules of Court, he may adduce evidence in his defense, or in the alternative, he may file a demurrer to evidence without leave of court," it added.
If Floirendo decides to file his demurrer without leave of court, he is waiving his right to present his own evidence and the case would automatically be submitted for resolution.
He has been given five days since March 4 to inform the court of his next course of action. The scheduled hearing on March 25 has been ordered maintained unless Floirendo pushes through with the demurrer.