The Sandiganbayan Sixth Division has denied the Motion to Set Case for Oral Arguments filed by former Davao Del Norte Rep. Antonio "Tonyboy" Floirendo Jr., who was convicted back in August of his graft charge in relation to the irregular land deal between his family and the Bureau of Corrections (BuCor) back in 2003.
Floirendo said that the oral arguments would help his motion for reconsideration, which sought to convince the anti-graft court to overturn his conviction.
He argued that the assailed decision finding him guilty involves an interpretation of the Constitution and pertinent laws that will have far-reaching implications on public office. The former lawmaker insisted that his contentions will be better ventilated through oral arguments.
In its opposition, the prosecution said that the conduct of oral arguments may pass a serious challenge to the safety of everybody concerned, especially in light of the coronavirus disease 2019 (COVID-19) pandemic.
The prosecution likewise said that the conduct of oral arguments will only delay the resolution of the case. In this instance, the anti-graft court agreed.
"After examining the accused's arguments in his Motion for Reconsideration, the Court finds that it is unnecessary to conduct oral arguments, the accused, having already discussed his grounds for his motion at length," the resolution stated.
"Conducting oral arguments will merely delay the resolution of the accused's instant Motion for Reconsideration," it added.
The five-page resolution was penned by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.
On July 11, 1969, TADECO already signed a contract with BuCor for the former's right to use and develop a banana plantation of 3,000 hectares within the Davao Penal Colony, which would last 25 years. The contract was renewed on September 26, 1979, followed by the most recent agreement on May 21, 2003.
Based on the new contract, BuCor will receive a guaranteed annual production share of P26,541,809 as well as profit shares, and it will increase by 10 percent every five years just as long as TADECO is allowed to use 5,308.36 hectares of land.
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."