THE Sandiganbayan has thrown out the motion for reconsideration filed by Efraim Genuino, former chairman of the Philippine Amusement and Gaming Corp (PAGCOR), insisting that the anti-graft court should have dismissed two pending graft charges against him.
The cases, filed in 2016 by the Office of the Ombudsman, involved alleged illegal transfer of P37 million worth of PAGCOR funds to the Philippine Amateur Swimming Association (PASA).
Prosecutors said PASA used to money to pay rental charges of TRACE Aquatic Center, a business allegedly owned and controlled by Genuino and his family.
In a ruling dated March 9, 2022, the Sandiganbayan Third Division denied Genuino’s motion asking the court to take judicial notice of a January 2020 ruling of the Commission on Audit that lifted disallowances and cleared him of liability in relation to the same transaction.
In the assailed ruling, the court held that while COA rulings are accorded great respect, the court is not bound by its findings.
The Sandiganbayan also swept aside Genuino’s contention that the 2021 Supreme Court ruling in the case of Genuino vs. Commission on Audit mooted the case against him.
It noted there were no similarities of facts between the SC case and the pending graft charges since the former involved PAGCOR’s financial assistance to a private homeowners’ association while the pending graft cases pertain to agency funds including the 5 percent share of the Philippine Sports Commission (PSC) which is a government entity.
In his appeal, Genuino argued that the funds transferred to PASA were sourced from PAGCOR’s operating expenses (OPEX) which have been classified as “not public funds” based on the SC decision.
At the same time, he insisted that the disbursement to PASA did not cause undue injury to the government or to any private entity.
The Court said Genuino merely rehashed of his previous arguments.
“The question of whether the funds given to PASA were actually sourced from PAGCOR’s OPEX Fund requires the appreciation and evaluation of the evidence by this Court, which are not matters to be resolved through a mere motion and manifestation,” the Sandiganbayan said.
