Sandigan affirms graft raps vs ex-Pagcor chief

MANILA, Philippines — The Sandiganbayan has affirmed the validity of the amended graft and malversation charges filed against former Philippine Amusement and Gaming Corp. chairman Efraim Genuino in connection with the alleged misuse of PAGCOR’s funds amounting to P183.7 million.

In a four-page resolution dated Nov. 11 but obtained by reporters only yesterday, the anti-graft court’s Third Division said Genuino failed to raise any new arguments in his motion for reconsideration that would warrant the reversal of its Sept. 3 ruling, which allowed ombudsman prosecutors to amend the case information filed in 2013.

Sandiganbayan magistrates also denied the motions for reconsideration filed by Genuino’s co-defendants, former PAGCOR officials Rafael Francisco and Valente Custodio.

“The arguments raised by the defendants are mere rehash of their previous arguments,” the resolution read. 

Genuino, Francisco and Custodio opposed the ombudsman’s plea to amend one specific detail in the charge sheet – the name of the foundation that supposedly received millions of pesos in PAGCOR funds.

From Batang Iwas Droga (BIDA) Productions, the prosecution moved to change it to Batang Iwas Droga Foundation Inc.

Genuino argued that BIDA Productions and BIDA Foundation were two “completely distinct” entities, thus the replacement would affect his preparations for his defense. 

He said allowing the prosecution “to make substantial amendments to the subject (case) information at this stage of the trial is an injustice and would unduly burden and prejudice his constitutional rights to due process.”

The Third Division, however, maintained that changing the name of the foundation is not considered as a substantial amendment “that will alter the nature of the offenses charged.”

Genuino is on trial for 19 counts of graft and 20 counts of malversation of public funds.