MANILA, Philippines – The anti-graft Sandiganbayan has affirmed the graft charges against former Philippine Amusement and Gaming Corporation chairman Efraim Genuino that stemmed from the alleged misuse of P37 million worth of Pagcor funds in 2012.
In denying Genuino's motion for judicial determination, the Sandiganbayan's Special Third Division will proceed with the graft case against Genuino for releasing P37 million for the training of the national swimming team in 2012 without the approval of the Pagcor board.
The court said Genuino’s camp did not present any new argument.
The court had already issued an arrest order and a hold departure order against Genuino, who has posted bail. (READ: Ex-Pagcor chief charged with graft asks permission for overseas trips)
The justices explained that the court's decision to order his arrest means it had already determined probable cause. The court said that to file a motion for judicial determination is a “superfluity if not a deliberate attempt to cut short the process by asking the judge to weigh in on the evidence without a full-blown trial.”
Genuino argued that there is no proof that he signed Pagcor’s checks payable to the Philippine Amateur Swimming Association (PASA).
Genuino added that as chairman, he was a mandatory signatory to bank accounts but this didn't mean there is probable cause to order his arrest.
He also argued that just because he was the chairman did not automatically make him liable for crimes committed inside his office.
The Ombudsman also noted that the swimmers used the sports facility Trace Aquatic Center (TAC), which is owned by Genuino and his family.
Because of this, he was also charged of violating Section 3(h) of the graft law which penalizes a public officer for “indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.”
Genuino argued that TAC is a “non-stock” company where all incorporators do not profit. He also said he inhibited himself from all Pagcor board meetings involving the national swimmers.
In its resolution, the Sandiganbayan said Genuino might have just inhibited from the meetings precisely because he knew the swimmers were going to use the family-owned TAC facility.
The court added that Genuino never disclosed to the board that he has a “substantial interest" in TAC.
The justices added that Genuino’s inhibition in deliberations involving the financial assistance to swimmers “was all for show as he subsequently authorized the disbursements.”
Genuino, who served as Pagcor chief until 2010 under the administration of President Gloria Macapagal-Arroyo, is accused of turning Pagcor into a "milking cow" and is facing charges.
The Department of Justice filed criminal complaints against him in 2012 for allegedly donating Pagcor funds amounting to P186 million to a charity he founded. He also allegedly spent P26.7 million in casino funds to buy tickets for a film co-produced by his charity and diverted rice donations for typhoon victims to help the election campaigns of his two sons. – Rappler.com