Ex-Pagcor chief Genuino moves for dismissal of all charges against him

Former Philippine Amusement and Gaming Corporation (Pagcor) chairman Efraim Genuino has moved for the dismissal of all 39 charges filed against him at the Sandiganbayan by the Office of the Ombudsman, saying that there is no basis to the indictments.

Genuino was charged with 19 counts of graft and 20 counts of malversation of public funds on May 28, based on a 43-page resolution signed by Ombudsman Conchita Carpio Morales on February 25.

In separate motions to quash filed through attorneys Benjamin Santos and Ramon Esguerra, Genuino claimed that the facts narrated by the Ombudsman when filing the case do not show any criminal offense committed.

Genuino's co-accused, also facing charges of multiple counts of graft and malversation, are former Pagcor president and COO Rafael Francisco, assistant vice president for internal audit department Valente Custodio, former chief of staff to the chairman’s office Jose Benedicto, former Pagcor senior vice presidents Rene C. Figueroa and Edward F. King and vice president for accounting Ester P. Hernandez.

All defendants have posted bail bonds of P30,000 for each count of graft and P60,000 for each of malversation.

Charges

Seventeen counts each of graft and malversation were filed against Genuino, King, Francisco, Figueroa, Hernandez and Custodio over alleged payments amounting to P44 million made to private entities without identifying any public purpose.

The money, taken from Pagcor’s intelligence funds and re-aligned operating funds, was allegedly given to Batang Iwas-Droga (BIDA) Foundation, BIDA Production, Wildformat Inc. and Pencil First.

Another P50 million was apparently used to purchase shirts, caps, tarpaulins and other promotional items and to pay for production and sponsorship expenses for BIDA Foundation .

The six were also charged with one count each of graft and malversation for payment of advertising expenses in 2008 and 2009 totaling P63 million, supposedly for BIDA’s application for accreditation as a party-list group.

The six plus Benedicto have also been charged with graft and malversation for P26.7 million as advanced payment for 89,000 tickets for the movie “Baler.”

The final charges of malversation were filed against Genuino and King for the alleged diversion of 300 tons of rice meant for the victims of Typhoon Frank in 2008. According to graft investigators, 72,425 kilos of the donated Thai rice were swapped for 64,858 kilos of angelica rice, which were repacked into smaller bags that bore “the images and political slogans of brothers Erwin and Anthony Genuino in 2010”.

'Private, not public, funds'

In Genuino's motion, his attorneys maintained that the funds used for BIDA Foundation's promotional activities and the purchase of the movie tickets were from Pagcor's private corporate funds, not public funds.

“Without public funds, there can be no crime of malversation,” they said.

Genuino's lawyers said that the Pagcor funds are classified as either private or public, depending on how the money is used.

“Monies raised by Pagcor assume a public character only when earmarked and remitted to the government for social development projects designed to benefit the general public,” Genuino’s lawyers claimed, citing Sections 12 and 15 of the Pagcor Charter (Presidential Decree No. 1869).

Otherwise, they said, Pagcor earnings are considered private funds, including the money used in the projects mentioned in the charges.

Rice

Regarding the 64,858 kilos of rice, Genuino said that these were was delivered to the Department of Social Welfare and Development (DSWD) through the National Disaster Coordinating Council (NDCC), and that neither he nor Pagcor took custody of the shipment. He maintained that Pagcor only paid for the costs of brokerage, forwarding and storage as assistance to DSWD.

Genuino submitted copies of the Bill of Lading and the Deed of Donation and a photograph of then-NDCC chairman Gilbert Teodoro acknowledging receipt of the rice on behalf of the national government. — BM, GMA News