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10 yrs for P37 M graft
By J.Lo
Former Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino and two other former officials will serve maximum prison term of ten (10) years after Sandiganbayan found them guilty of anomalous fund disbursements totaling P37 million.
Sandiganbayan Third Division found Genuino, former Pagcor president and chief operating officer Rafael Francisco and former Philippine Sports Commission (PSC) chairman William Ramirez guilty of violating Republic Act 3019, Anti-Graft and Corrupt Practices Act.
Their conviction was in relation to one of two cases filed by Office of Ombudsman in 2016, alleging release of P37,063,488.21 in Pagcor funds to Philippine Amateur Swimming Association Inc. (PASA), private organization, between April 2007 and August 2009 without approval of Pagcor board of directors.
While fund was intended for training of swimmers competing in 2012 London Olympics, the ombudsman said it should not have been directly given to PASA but to PSC to form part of its National Sports Development Fund as provided by law. Section 3 (e) of RA 3019 prohibits public official from giving unwarranted benefit, advantage or preference to private party or from causing any party, including government, undue injury.
In convicting Genuino, Francisco and Ramirez of violation of Section 3 (e) of RA 3019, Third Division said prosecution was able to prove they acted in bad faith in giving unwarranted benefit to PASA by "directly remitting" to latter PSC's share in Pagcor's income.
Furthermore, the ombudsman said Trace Aquatic Center, sports facility leased by PASA for swimming training program of athletes, was owned by Genuino and his family.
The court said because of the act of Genuino and his two co-accused, PASA was given an assured sum of money every month for more than a year while other sports associations and athletes had to go through certain processes to get funding or support from PSC.
Apart from jail term not less than six years, Genuino, Francisco and Ramirez were also ordered by graft court's Third Division to be perpetually disqualified from holding public office.
Meanwhile, Sandiganbayan acquitted two others accused in the same case – Pagcor's former senior vice president for corporate communications and services Edward King and former assistant vice president for internal audit Valente Custodio "for failure of prosecution to prove their guilt beyond reasonable doubt."
Still on Pagcor fund disbursements to PASA, Third Division dismissed cases against former Pagcor executive vice-president Rene Figueroa, citing Supreme Court decision promulgated on Feb. 15, 2022.
Meanwhile, Genuino was acquitted of second case filed by ombudsman on violation of Section 3 (h) of RA 3019 due to prosecution's failure to prove his direct or indirect interest in the subject transaction.
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