Three Sandiganbayan justices denied anew the motion of former Philippine Amusement and Gaming Corporation (PAGCOR) chairman Efraim C. Genuino to inhibit them in the trial of his 39 criminal charges filed for alleged anomalous use of public funds amounting to P183.7 million.
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno of the anti-graft court's third division stood pat on their earlier denial of Genuino's inhibition plea.
In seeking anew the inhibition of the three justices, Genuino claimed they "disregarded" key points that are "highly material" to his defense, such as proof of his signature in checks and check vouchers.
"A side-by-side comparison of the signatures appearing [in] the said checks and check vouchers vis-a-vis the signature appearing above his name in the minutes show that the signatures are not the same," he said.
However, the anti-graft court found his argument "unmeritorious" and said that mere imputation of bias or partiality is not enough ground for inhibition.
"After a second hard look at the records of these cases, the Court fails to find any concrete proof adduced by the accused-movant that would demonstrate the alleged bias and/or prejudice against him by the members of this Court," the resolution written by Presiding Justice Cabotaje-Tang stated.
"Indeed, it is important to note that jurisprudence provides that the concept of voluntary inhibition leaves to the sound discretion of judges/justices concerned whether to sit in a case for other just and valid reasons, with only their conscience as guide. Certainly, the sitting judge is in the best position to decide on whether to hear the case which should be respected in the interest of justice and equity and public interest," it added.
In filing the criminal cases, the prosecution alleged that PAGCOR took out P44 million in intelligence funds and distributed the money to private entities such as Batang Iwas-Droga (BIDA) Foundation, BIDA Production, Wildformat Inc., and Pencil First without identifying any public purpose.
It said that PAGCOR then transferred another P50 million for the procurement of tarpaulin, shirts, caps, promotional items, and the production and sponsorship expenses for BIDA Foundation.
It said that PAGCOR also paid P63 million for tri-media advertising placements in 2008 and 2009 allegedly for BIDA’s application for accreditation as a party-list group with the Commission on Elections (Comelec).
Also, the prosecution claimed that PAGCOR gave P26.7 million as advance payment for 89,000 tickets for the 2008 movie "Baler." Unfortunately, 72,150 movie tickets ended up not being used, resulting in a P22.12 million loss for PAGCOR.