Genuino seeks dismissal of all 39 charges against him

FORMER Philippine Amusement and Gaming Corp. (Pagcor) Chair Efraim Genuino has asked the Sandiganbayan to dismiss for lack of basis all 39 graft and malversation charges filed against him in connection with the discharge of his former duties and functions.

Genuino’s lawyers, Benjamin Santos and Ramon Esguerra, filed separate motions in the antigraft court seeking the quashing of the information filed by the Office of the Ombudsman against the former gaming chief onMay 28.

Genuino was charged with 20 counts of malversation of public funds and 19 counts of graft. The indictmentswere approved by Ombudsman Conchita Carpio Morales.

Named coaccused were Pagcor officers Rafael Francisco, Jose Benedicto, Rene Figueroa, Edward King, Ester Hernandez and Valente Custodio. They allegedly conspired with Genuino in a number of fraudulent deals. They are all out on bail of P30,000 for each count of graft and P60,000 for each malversation case.

A total of 17 counts each of graft and malversation were filed against Genuino, King, Francisco, Figueroa, Hernandez and Custodio over alleged unlawful donations and payments made to favored private groups totaling P44 million and reportedly taken from Pagcor’s intelligence fund and realigned operating fund.

The money was reportedly given to private entities such as (Batang IwasDroga) BIDA Foundation, BIDA Production, Wildformat Inc. and Pencil First without identifying any public purpose.

In addition, a P50 million release was also found to have been used to procure tarpaulin, shirts, caps, promotional items and to pay for stage production and sponsorship expenses for BIDA Foundation.

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

Benedicto joined the six former Pagcor executives in additional charges of graft and malversation concerning advanced payments for 89,000 tickets for the 2008 movie “Baler” worth P26.7million.

The last malversation charge concerns allegations that Genuino and King committed fraud with the diversion of 300 tons of rice worth P1.4 millionwhich was donated by a Japanese businessman for victims of Typhoon “Frank” in 2008.

Genuino said the antigraft court did not gain control or custody of the donated rice, thus, “without this essential element of control or custody, there is no crime of malversation.”