The Sandiganbayan has upheld the conviction of former Philippine Amusement and Gaming Corp. chairman Efraim Genuino and four other former top PAGCOR officials over the alleged misuse of P50.05 million in agency funds.
In a 28-page resolution promulgated on Oct. 1, the anti-graft court’s Third Division said Genuino and his four co-accused ‘failed to raise new and material allegations in the respective motions (for reconsideration) that would convince the court to reconsider its previous finding of guilt.’
Also denied were the motions for reconsideration filed by former PAGCOR president and chief operating officer Rafael Francisco, former senior vice president for administration Rene Figueroa, former senior vice president for corporate communications services Edward ‘Dodie’ King and former assistant vice president for internal audit Valente Custodio.
In its May 9, 2025 decision, the Third Division found Genuino, Francisco, Figueroa, King and Custodio guilty of five counts each of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and five counts each of malversation of public funds under Article 217 of the Revised Penal Code.
In its new resolution, the Third Division also granted the prosecution’s motion to impose civil liability on Genuino and his co-accused, in addition to the earlier fine.
Accordingly, Genuino, Francisco, Figueroa, King and Custodio were ordered to jointly or individually reimburse the government P40.407 million as civil liability, with a six-percent annual interest to be computed from the finality of the decision until fully paid.
Filed by the Office of the Ombudsman in 2013, the cases stemmed from alleged irregular disbursements of PAGCOR funds between 2005 and 2008 for the purchase of tarpaulins, shirts, caps and other promotional items, as well as expenses for the BIDA Foundation, which Genuino founded in 2003.
The court maintained that the prosecution sufficiently proved that the purchases did not undergo public bidding or processing by PAGCOR’s Procurement Department.
Instead, Genuino and his co-accused resorted to small-value procurement, or ‘shopping,’ without valid justification.
The Third Division noted that the amount spent for BIDA members’ identification cards and pins exceeded P9 million.