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MANILA, Philippines – Former Philippine Amusement and Gaming Corporation (PAGCOR) chairperson Efraim Genuino did not secure the inhibition of the three Sandiganbayan justices handling his 39 criminal charges.
Presiding Justice Amparo Cabotaje-Tang of the Sandiganbayan Third Division, in a 23-page ruling, denied Genuino’s motion for reconsideration, which sought the reversal of court’s July 20, 2023, resolution. The said ruling denied Genuino’s motion for inhibition and his bid to re-raffle his case to other Sandiganbayan divisions.
Associate justices Bernelito Fernandez and Ronald Moreno concurred in the ruling. Genuino questioned in his petition the impartiality of the Sandiganbayan justices, but the court said the allegation was “utterly baseless.”
“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 anti-graft court said.
The former PAGCOR chairperson is facing 20 counts of malversation of public funds and 19 counts of graft for alleged unlawful donations and payments amounting to P44 million to groups, which included (Batang Iwas-Droga) Foundation, BIDA Production, Wildformat Inc., and Pencil First.
According to the prosecutors, the money was taken from PAGCOR’s intelligence funds and realigned operating fund, without mentioning the public purpose for the said disbursement.
In his motion for inhibition, Genuino claimed the members of the Sandiganbayan Third Division pre-judged his guilt and allegedly showed signs of being biased against him. The former PAGCOR chair claimed the court already had a perception of his guilt in relation to the case of People vs. Estela Pelayo Ramos.
Ramos was former vice president for finance and treasury of PAGCOR and is accused of allegedly releasing vouchers amounting to P120.24 million to private firm BIDA Productions Inc. between October 2005 and October 2009.
The court, however, said it made no categorical pronouncement on Genuino’s criminal liability when it dismissed the charges against Ramos. The Sandiganbayan added that the former PAGCOR chairperson’s speculation that the court already has an opinion about his guilt in the pending charges “is sheer speculation.” – Rappler.com
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