MANILA - The Sandiganbayan 6th Division has denied the motion that Davao Del Norte 2nd District Rep. Antonio Floirendo Jr. filed seeking the court's permission to file a demurrer to evidence on his graft case involving an allegedly anomalous land deal between his family and the Bureau of Corrections (BuCor).
The court gave Floirendo the option to present his own evidence or file the demurrer to evidence for the dismissal of his case.
Filing a demurrer to evidence without leave of court, however, means that he waives his right to present evidence if the demurrer is denied and his case is considered up for decision.
“As provided in Rule 119, Sec. 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,” the court said in a resolution signed by Division Chairperson Sarah Jane Fernandez and Associate Justices Karl Miranda and Kevin Narce Vivero.
Floirendo's case stemmed from the deal between the family-owned Tagum Agricultural Development Company Inc. or TADECO and the BuCor, filed by Davao del Norte 1st district Rep. Pantaleon Alvarez.
Alvarez alleged the deal was disadvantageous to the government.
Floirendo, meanwhile, has maintained that there was no conflict of interest in the deal as he only has a “mere 0.89 percent” of the company’s outstanding capital stock.