P183 million graft case: Sandigan junks ex-Pagcor chief’s plea

MANILA, Philippines — The magistrates of the Sandiganbayan have denied the appeal of former Philippine Amusement and Gaming Corp. chairman Efraim Genuino to inhibit themselves from handling the cases of graft and malversation filed against him in connection with the alleged mishandling of PAGCOR funds amounting to P183.7 million.

In a resolution promulgated on Sept. 13, the anti-graft court’s Third Division said Genuino failed to raise any new meritorious argument in his motion for reconsideration that would warrant the reversal of its earlier decision.

The Sandiganbayan has denied Genuino’s petition for the court’s members to inhibit themselves from handling his cases over their supposed biases against him.

The resolution was promulgated by Sandiganbayan Presiding Justice and Third Division chairperson Amparo Cabotaje-Tang. Associate Justices Bernelito Fernandez and Ronald Moreno concurred with the ruling.

In his petition, Genuino insisted that the members of the Third Division are biased against him when they allegedly failed to fairly rule on his motion against his conviction for a separate graft case over the allegedly anomalous disbursement of P37 million in funding intended for the training of swimmers competing in the 2012 London Olympics.

The Third Division had sentenced Genuino to up to 10 years in prison, but the decision may still be appealed before the Supreme Court.

The Sandiganbayan justices maintained that they upheld Genuino’s conviction after carefully reexamining the records of the case and the evidence presented by all parties.

“Jurisprudence teaches that mere imputation of bias or partiality is not enough ground for inhibition, especially when the charge is without basis; acts or conduct clearly indicative of arbitrariness or prejudice must be shown,” the Third Division said.

Genuino is still facing 19 counts of graft and 20 counts of malversation of public funds as defined and penalized under Article 217 of the Revised Penal Code.

Filed by the Office of the Ombudsman in 2013, the cases stemmed from the alleged mishandling of the state gaming firm’s funding totaling P183.7 million from 2008 to 2010.

Genuino and his co-respondents allegedly used PAGCOR funds of P63 million in paying for advertisements of BIDA Foundation for its bid to be accredited by the Commission on Elections as a party-list.

He allegedly allowed the diversion of PAGCOR funds to the foundation in the hope of securing a seat in the House of Representatives. The group lost in the May 2010 elections.

Genuino was also allegedly involved in the anomalous purchase of P26.7 million worth of tickets for the 2008 film “Baler.”

Genuino has denied the charges.