THE Sandiganbayan Third Division has thrown out the latest challenge from former Philippine Amusement and Gaming Corporation (Pagcor) chairman Efraim Genuino questioning the validity of 39 criminal charges filed against him in 2013.
Presiding Justice and Third Division chairperson Amparo M. Cabotaje-Tang penned the six-page resolution dated April 9, 2023 that denied Genuino’s motion for reconsideration “for utter lack of merit.” Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred.
Genuino stands charged with 20 counts of malversation of public funds and 19 counts of graft involving alleged unlawful donations and payments totaling P44 million to favored private groups including BIDA (Batang Iwas-Droga) Foundation, BIDA Production, Wildformat Inc. and Pencil First.
Prosecutors said the money was taken out of Pagcor’s intelligence funds and re-aligned as operating fund, but no public purpose was stated.
When the charges were filed in 2013, named co-defendants were Pagcor officers Rafael Francisco, Jose Benedicto, Rene Figueroa, Edward King, Ester Hernandez, and Valente Custodio for allegedly acting in conspiracy with Genuino.
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; P26.7 million advance payment for 89,000 tickets for the 2008 movie “Baler;” and fraud in relation to the diversion of 300 tons of rice donated by a Japanese for victims of Typhoon Frank in 2008.
Investigators also 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.”
In his appeal, Genuino argued that the 2021 Supreme Court rulings in the case of Genuino vs. Commission on Audit declared that Pagcor’s income is not considered public funds.
He said the ruling meant that the use of Pagcor funds as financial assistance to private entities such as the Bida Foundation and cash used to purchase Baler movie tickets came from Pagcor’s private corporate funds were outside the jurisdiction of the COA.
Since the SC ruling settled the “legality, validity, and regularity” of the disbursements, Genuino said it became the law of the case which allegedly bars further trial on his cases.
The court was not persuaded as it noted that Genuino had already raised the exact same arguments in his earlier challenges to the cases.
It pointed out that the SC ruling merely defined the jurisdiction of the COA and held that it may conduct audit only on the five percent franchise tax and the 50 percent government share in Pagcor’s operations.
“To be sure, the Supreme Court made no pronouncement as to the guilt or innocence of the accused in relation to the criminal charges filed against them in these cases,” the Sandiganbayan pointed out.
