The Office of the Ombudsman has ordered the filing of criminal charges against Rep. Antonio Floirendo Jr. in connection with the questionable joint venture agreement between the lawmaker’s banana firm Tagum Agricultural Development Co. (Tadeco) and the Bureau of Correction (Bucor).
In an 11-page resolution dated September 4, 2017, Ombudsman Conchita Caprio-Morales accused Floirendo of violating Section 3(h) of Republic Act 3019 and recommended the filing of criminal charge against him before the Sandiganbayan.
The complaint against Floirendo before the Office of the Ombudsman was filed by Speaker Pantaleon D. Alvarez.
“[The] office finds that the complaint offered sufficient evidence showing that respondent probably committed a violation of Section 3(h) of RA 3019 and, thus, there is probable cause to indict respondent for the offense,” the resolution read.
The resolution said Section 3(h) of RA 3029 prohibits a public officer from directly or indirectly having financial or pecuniary interest in nay business, contract or transaction in which he is prohibited by the Constitution or by any law from having any interest.
The case stemmed from the agreements entered into between the Bucor and the Floirendo-family owned Tadeco allowing the company to use land located within the Davao Penal Colony.
When the May 21, 2003, agreement between the Bucor and Tadeco was signed, Floirendo was serving his 2001 to 2004 term as congressional representative of the second district of Davao del Norte and he directly owned 75,000 shares of Tadeco with a subscription cost of P7.5million, the resolution said.
It also said Floirendo owned 537,950 shares of Anflo Management and Investment Corp. (Anflocor), which, in turn, owns 4,730,000 shares of Tadeco, amounting to a subscription cost of P473 million. Anflocor is the listed parent company of Tadeco.
For his part, Floirendo argued that, aside from being a public officer in 2003, the other elements of his alleged offense were not established as he did not have any direct or indirect pecuniary interest in the 2003 agreement between the Bucor and Tadeco.
However, the Ombudsman said there is no dispute that at the time the 2003 agreement between Tadeco and Bucor was entered into, Floirendo was a public officer.
The Ombudsman added that at that time Floirendo had a direct and indirect financial interest in the contract by owning 75,000 shares of Tadeco worth P7.5 million.
Also, the resolution said most of the stocks of Tadeco were owned by Anflocor and under the control of the Floirendo family.
The Ombudsman also accused Floirendo of violating Article VI, Section 14, of the 1987 Constitution prohibiting a senator or a member of the House of Representatives from directly or indirectly having financial interest in any contract with, or in any franchise or special privilege granted by the government or any of its agencies, during his term of office.
1 comment
time to drop a few m to get off