FORMER Philippine Amusement and Gaming Corp (Pagcor) chairman Efraim Genuino has failed in his bid to convince the three justices of the Sandiganbayan Third Division to inhibit themselves from the proceedings in 39 criminal charges filed against him 10 years earlier.
In a 23-page ruling penned by Presiding Justice Amparo M. Cabotaje-Tang, the anti-graft court threw out Genuino’s motion for reconsideration seeking reversal of the July 20, 2023 resolution that denied his motion for inhibition and for the re-raffle of his cases to the other six divisions.
Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred.
Genuino is facing 20 counts of malversation of public funds and 19 counts of graft for alleged unlawful donations and payments, totaling P44 million, to favored private groups including (Batang Iwas-Droga) BIDA Foundation, BIDA Production, Wildformat Inc., and Pencil First.
Prosecutors said the money was taken out of Pagcor’s intelligence funds and re-aligned operating funds without stating a public purpose for the disbursement.
Named Genuino’s co-accused when the charges were filed in 2013 were Pagcor officers Rafael Francisco, Jose Benedicto, Rene Figueroa, Edward King, Ester Hernandez, and Valente Custodio.
In his motion for inhibition, the former Pagcor chief said the three members of the Third Division have already pre-judged his guilt and have shown signs of being biased or partial against him.
He said the court failed to address the arguments he raised in earlier issues and has already made up its mind as to his guilt in light of pronouncements made in the case of People vs. Estela Pelayo Ramos.
Pelayo Ramos is a former Pagcor vice president for Finance and Treasury accused of illegally releasing check vouchers worth P120.24 million to private firm BIDA Productions Inc. on six separate transactions between October 2005 and October 2009.
