Ex-Pagcor chief seeks dismissal of malversation charges

MANILA, Philippines - Former Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino sought yesterday the dismissal of the malversation complaint filed against him in connection with his alleged use of more than P3-million worth of rice donation for the election campaign of his two sons in 2010.

His lawyer Ramon Esguerra asked investigating prosecutor Mary Jane Sytat to dismiss the complaint filed by Pagcor last July for insufficiency of evidence.

Esguerra argued that a key witness in the complaint, John Javier, a former manager at Pagcor, had already admitted that he had never met or made transactions with the Genuinos regarding the 300-metric-ton rice donation by a Japanese firm to the Philippine government.

The rice donation was intended for distribution to victims of typhoon “Frank” in 2008. Genuino’s son Anthony won as mayor of Los Baños, Laguna while his other son Erwin lost in the Makati City mayoralty race.

Anthony and Erwin did not appear before the Department of Justice (DOJ) to answer the charges despite summons sent to them.

Esguera was given instructions to compel the two to attend the next hearing for filing of counter-affidavit.

Also implicated in the complaint filed by Pagcor president and chief operating officer Jorge Sarmiento were former Pagcor senior vice president for corporate communications Edward King, and Los Baños city administrator Mai Mai Tado, also an official of the Genuino-owned Trace Computer College.

Genuino allegedly secured the donation of Thai rice from Aruze Corp., one of the proponents of Pagcor’s Entertainment City Project.

It was found that of 10,000 sacks of donated rice, only 6,500 ended up with the Department of Social Welfare and Development for distribution to typhoon victims while 3,500 were “withdrawn, delivered and ended up at the Pagcor warehouse in Imus, Cavite.”

Sarmiento also bared that their investigation showed that the remaining 3,500 sacks were replaced with a cheaper variety of rice by virtue of a barter agreement entered into by Pagcor with a private rice mill.

“From that point onwards and up to the rundown to the 2010 national elections, several hundreds of bags of rice were repacked in sacks bearing the images of Ton (Anthony) and Erwin Genuino as electoral candidates,” the complaint stated.

The repacked sacks of rice, Pagcor alleged, were turned over to and received by Trace Computer College, and various individuals representing Genuino’s sons, and allegedly eventually distributed during the election period to bolster the candidacies of the Genuino brothers.

Sarmiento said the total cost of rice released to the Genuino brothers was P1.40 million while expenses incurred for logistics (shipment, trucking, storage and repacking) reportedly amounted to P1.69-million.

It was the third corruption case filed against Genuino and other former Pagcor officials before the DOJ.

The first two involved the producton of the film “Baler” in 2008 and alleged diversion of funds to Batang Iwas Droga (BIDA) Foundation, which ran but lost in the party-list elections with Genuino’s daughter, Sheryl Genuino-See, as its first nominee.

Another complaint was also filed with the Office of the Ombudsman involving the anomalous release of funding assistance worth P34 million to the Philippine Amateur Swimming Association Inc. beginning 2007.

The DOJ earlier issued hold departure order preventing the Efraim, Erwin and Sheryl from leaving the country over the string of plunder and graft cases against them.