Ex-PAGCOR chief Genuino seeks dismissal of graft cases

Former Philippine Amusement and Gaming Corporation (PAGCOR) chairman Efraim Genuino has asked the Sandiganbayan to dismiss the graft cases recently filed against him in connection with an alleged anomalous release of P37 million funds for the training of swimmers competing in the 2012 Olympics.

In a 23-page motion filed before Sandiganbayan Third Division, Genuino asked the court to dismiss the cases for supposed “lack of merit and probable cause.”

“It is clear that based on the evidence on record, there exists no lawful ground for the arrest of Genuino. In the absence of any competent proof or credible testimony, there exists no probable cause against him. Hence, the present criminal charges against him should be immediately dismissed,” Genuino’s motion read.

Genuino is facing before the Third Division two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and one count of violation of Section 3 (h) also of RA 3019.

Section 3(e) of RA 3019 prohibits a public official from giving of unwarranted benefit, advantage, or preference to any party or causing any party undue injury.

Section 3 (h) of RA 3019, on the other hand, prohibits public officials from directly or indirectly having financial or pecuniary interest in any business, contract or transaction that the government is entering into.

Based on the information of the cases filed by the Office of the Ombudsman on June 3, Genuino and seven of his co-accused conspired in releasing to Philippine Amateur Swimming Association Inc. (PASA) checks totaling P37,063,488 for the training of swimmers competing in the 2012 Olympics.

The Ombudsman said the checks, released between April 2007 to August 2009, did not pass prior approval by the PAGCOR Board of Directors.

The Ombudsman said the checks should not also been released directly to PASA but to the Philippine Sports Commission to form part of its National Sports Development Fund (NSDF) as provided by law. The PASA is an attached agency under the PSC.

The Ombudsman further noted that the Trace Aquatic Center (TAC), a sports facility leased by PASA for the swimming training program was owned by Genuino and his family.

In his motion, Genuino, maintained that there was nothing irregular with the release of the checks to PASA as it was the PSC that requested PAGCOR to do as such.

“At the onset, it must be stressed that the PSC’s directive to PAGCOR to release funds directly to PASA is clothed with legal authority…as PSC is mandated to plan, implement and oversee an integrated amateur sports promotion and development program,” the motion read.

“The PAGCOR Board only acted in good faith in carrying out the PSC’s instruction as to how to distribute part of the latter’s 5% share from PAGCOR’s earning for the alleged relevant period from 2007 to 2009,” it added.

Genuino further claimed that he never participated in the PAGCOR Board’s deliberations and approval of the disbursement of funds to PSC or to PASA.

“There is likewise no evidence that Genuino actually authorized said PAGCOR disbursements to PASA. Neither is there proof that he signed PAGCOR checks for the disbursement of funds to PASA, much less to Trace,” the motion read.

With regard to the issue of TAC being a facility owned by his family, Genuino said it was a “non-stock” company, wherein all the incorporators are not entitled for any income.

Genuino said this was proven by all the articles of incorporation of TAC which state that “no part of its property or income shall inure to the benefit of any of its members, trustees or officers, or any private individuals, corporations or associations.”

Genuino further pointed out that he should not be held liable for PASA’s selection of TAC facility for the swimming training of the athletes for 2012 Olympics.

“Assuming arguendo, although highly disputed, that substantial amounts were supposedly paid by PASA to Trace, this does not automatically make Genuino criminally liable since he neither had control, participation nor involvement in the decision-making of PASA, an entity separate and distinct from PAGCOR,” Genuino said.

Genuino pointed out that the pool in TAC was the only Olympic size swimming pool in the country at that time, making it the “obvious reason” for PASA to use it for the training of the Philippine athletes competing for swimming competition in the 2012 Olympics.

Last week, Genuino posted bail P90,000 bail for his provisional liberty for the cases.

Genuino posted bail even before the court determined whether or not there is a probable cause to proceed with the trial of the cases and to order his arrest. —ALG, GMA News