Tony Boy Floirendo convicted of graft over Tadeco-BuCor deal

Former Davao del Norte Representative Antonio Floirendo has been convicted of graft over the deal between his family-owned Tagum Agricultural Development Co., Inc. and the Bureau of Corrections.

In a 23-page ruling, the Sandiganbayan sentenced Floirendo to six to eight years in prison. He was also perpetually banned from public office.

The anti-graft court found Floirendo guilty of graft over his continued ownership of 75,000 shares of Tadeco stock even after his election as Davao del Norte congressman.

It found conflict of interest in the joint venture agreement reached by Tadeco and BuCor in 2003 when Floirendo was an incumbent member of the House.

“Clearly, there is a need for a public officer to make a divestment of shareholdings or any pecuniary or financial interest once the possession of such pecuniary or financial interest becomes prohibited, regardless of whether or not a situation of conflict of interest has arisen,” the anti-graft court said.

“The accused's indirect pecuniary or financial interest in the 2003 agreement falls within the prohibition of the Constitution. Considering the foregoing, this court finds that the violations of Anti-Graft and Corrupt Practices law are present,” it added.

Floirendo is the top donor of the 2016 Presidential campaign of President Rodrigo Duterte at P75 million.

Under the 1987 Constitution, no Senator or member of the House of Representatives “should directly or indirectly be interested financially in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office.”

Before Floirendo’s conviction, the Commission on Audit released a memo recommending the junking of the BuCor-Tadeco deal back in May 2017 for violating the 1987 Constitution.

The Charter said “alienable lands of the public domain shall be limited to agricultural lands…and private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.”

The same COA team also found that the BuCor’s deal with Tadeco first inked on December 26, 1969 was also in violation of Section 2, Article 12 of the 1935 Constitution.

Tadeco, the team found, was allowed to use 3,000 hectares of the Davao Prison and Penal Farm (DPPF) lands even if the 1935 Charter provided that “no private corporation or association may acquire, lease, or hold public agricultural lands in excess of 1,024 hectares.”

The DPPF has a total land area of 30,000 hectares with a prison reservation of 8,000 hectares.

Sought for comment, Floirendo said he would appeal the Sandiganbayan's ruling.

"I am preparing to file my motion for reconsideration," Floirendo said.

Floirendo is the top donor of the 2016 Presidential campaign of President Rodrigo Duterte at P75 million.  -NB, GMA News