MANILA, Philippines — The Sandiganbayan Third Division has dismissed a graft case against former Philippine Amusement Gaming Corporation (Pagcor) chairman Efraim Genuino.
In a resolution dated February 7, the anti-graft court granted the prosecution’s request to withdraw the case against Genuino, who was charged for allegedly violating Section 3(e) of R.A 3019 or the Anti-Graft and Corrupt Practices Act.
The prosecution claimed that the P9 million stated in the Information in Criminal Sheet (CS) No. 0326 is already included in the P37 million stated in the Criminal Sheet No. 0327.
“Accordingly, the Information in SB-16-CRM-0326 for violation of Section 3(e) of Republic Act No. 3019 is ordered withdrawn and the said case is dismissed,” the resolution read.
Based on the information of the cases, Genuino allegedly conspired to release to Philippine Amateur Swimming Association Inc. (PASA) P37 million in checks for the training of the national swimming team in 2012 without the approval of the Pagcor board.
According to the cases, the checks were released between April 2007 to August 2009.
The Sandiganbayan said that filing the two cases was tantamount to charging Genuino twice for the same offense based on the same act, which is “legally impermissible.”
“Thus, the filing of these two (2) Informations both for violation of Section 3(e) of R.A. No. 3019 is tantamount to charging the accused twice for the same offense based on the same act. This is legally impermissible,” the resolution read.
The Sandiganbayan also lifted the Hold Departure Order issued against Genuino and the cash bail bond posted by the former Pagcor chief was ordered released.
Genuino is also facing one count of violation of Section 3(h) of the anti-graft law, which restricts government officials from having financial or business interests in any transactions with the government. /je