THE camp of former Davao del Norte representative Antonio "Tonyboy" Floirendo Jr. announced that they will file a motion for reconsideration against the graft verdict of the sixth division of the Sandiganbayan.
Sandiganbayan sentenced on Wednesday, August 26, Floirendo to six up to eight years of imprisonment for graft practices.
The court's sixth division said the prosecution proved Floirendo's "guilt beyond reasonable doubt" of violating Section 3(h) of Republic Act (RA) 3019 or the "Anti-Graft and Corrupt Practices Act" due to his involvement in the joint venture agreement (JVA) between the Bureau of Corrections (BuCor) and Tagum Agricultural Development Company (Tadeco).
Voting 4-1, the court's sixth division sentenced Floirendo for holding unlawful financial interests in Tadeco, a banana plantation company doing business with the BuCor during his term as a lawmaker.
In an issued statement shared by Floirendo's partner, Cathy Binag, the Sandiganbayan's decision is not yet final and executory thus they will file a motion for reconsideration.
Floirendo, who owned several shares from Tadeco, served as the Representative of the Second District of Davao del Norte from 2001 to 2004.
Tadeco signed a contract with BuCor on July 11, 1969, 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 this amount will increase by 10 percent every five years just as long as Tadeco is allowed to use 5,308.36 hectares of land owned by the government.
Floirendo was reported to be holding 75,000 shares of stocks in Tadeco.
The court said this was a violation of Section 3(h) of RA 3019 since local officials are prohibited from having a financial or pecuniary interest "in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity."
However, Floirendo's camp reiterated that the JVA has an "automatic renewal" clause.
"Thus whether Tonyboy Floirendo Jr. was a congressman or not at the time of the renewal is immaterial since the JVA would automatically be renewed," the former lawmaker's camp said.
Meanwhile, the camp also said that the Sandiganbayan's decision would send a "chilling effect" to all members of Congress "because a holding of less than one percent in any company will now make them liable for criminal action."
Aside from facing imprisonment, the court also ordered Floirendo to be perpetually disqualified from holding public office.