THE Sandiganbayan Third Division has denied a motion of former Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino seeking to reopen proceedings in 35 criminal charges against him concerning alleged misuse of millions of agency funds.
The court, however, granted his separate request for two additional hearing days wherein he intends to testify in his own defense in one count each of graft and malversation of public funds concerning advanced payment of P26.7 million for 89,000 tickets of the movie “Baler.”
In his motion, Genuino said he intends to challenge the validity of documentary evidence marked by the prosecution as part of its documentary exhibits.
The former Pagcor chair claimed he can prove that the signatures appearing on the prosecution’s documents were not his and that he can show the discrepancy by showing several documents bearing his actual signature.
Prosecutors raised no objections to Genuino’s request for two additional hearing days with regard to Criminal Case Nos. SB-13-CRM-0605 to 0606 because he has yet to file his Formal Offer of Evidence, unlike in the rest of his cases.
The said two cases involved the use of Pagcor funds to buy “Baler” movie tickets which were distributed to 12 Pagcor casino branches. However, the casinos’ remittances were reportedly made payable to Batang Iwas Droga (BIDA) Foundation Inc. based on findings by government auditors.
Besides the said two charges, Genuino also stands charged with 19 more counts of malversation of public funds and 18 counts of graft involving alleged unlawful donations and payments totaling P44 million to favored private groups including BIDA Foundation, BIDA Production, Wildformat Inc. and Pencil First.
Prosecutors said the money was taken out of Pagcor’s intelligence funds and re-aligned as an operating fund, but no public purpose was stated.
Other allegations involved a P50 million fund release for the procurement of tarpaulin, shirts, caps, promotional items and to pay for stage production and sponsorship expenses for BIDA Foundation; P63 million for advertising expenses in 2008 and 2009 during BIDA’s application for accreditation as a party-list group, and fraud in relation to the diversion of 300 tons of rice donated by a Japanese for victims of Typhoon Frank in 2008.
Investigators said 72,425 kilos of donated Thai rice were swapped for 64,858 kilos of angelica rice repacked into smaller bags “bearing the images and political slogans of brothers Erwin and Anthony Genuino in 2010”.
The Sandiganbayan pointed out that Genuino was accorded all the chance to disprove the allegations including showing proof that his signature on the prosecution’s evidence were mere forgeries.
“Here, there is no showing that accused-movant Genuino was deprived of the opportunity to fully examine and/or rebut the documentary exhibits presented by the prosecution.
Indeed, accused-movant Genuino had every reasonable opportunity to rebut the prosecution evidence, particularly his signature on the PAGCOR check vouchers in issue which he failed to do,” the court declared.
