Sandiganbayan affirms with modification conviction of 5 ex-PAGCOR officials
The Sandiganbayan has affirmed with modification the conviction for graft and malversation of public funds of former chairman Efraim C. Genuino and four other officials of the Philippine Amusement and Gaming Corporation (PAGCOR).
Instead of only imprisonment and payment of fines, Genuino and his group were also imposed civil liabilities equivalent to the fines imposed on them.
In a resolution issued last Oct. 1, the anti-graft court denied the motion for reconsideration filed by Genuino and others as it granted the appeal of the prosecution.
In its May 9, 2025 decision, the court convicted Genuino, former president and chief operating officer Rafael A. Francisco, former senior vice president for administration Rene C. Figueroa, former senior vice president for corporate communications services Edward "Dodie" F. King, and former assistant vice president for internal audit Valente C. Custodio guilty of five counts of graft and five counts of malversation.
They were sentenced to six to 10 years imprisonment for each graft conviction and 10 to 17 years for three malversation convictions, and reclusion perpetua for the other two malversation convictions.
They were likewise slapped with fines of P6,370,000, P4,761,875, P2,389,093.05, P11,907,500, and P19,740,930 as well as perpetual special disqualification from holding public office.
On the other hand, they were acquitted of the other 14 graft and 15 malversation charges.
Genuino and the others moved for the partial reconsideration of the court's decision, arguing that the prosecution failed to prove that they had ill, corrupt, or fraudulent intent in the subject transactions.
They added that the prosecution failed to prove they misappropriated PAGCOR funds, and the exhibits presented by the prosecution, specifically those that bear Genuino's signatures, are mere unauthenticated photocopies.
"After an assiduous review of the records, the court finds that the accused failed to raise new and material allegations in the respective motions that would convince the court to reconsider its previous finding of guilt," the court’s resolution stated.
"Conversely, the court finds merit to the prosecution's Motion for Partial Reconsideration, warranting the imposition of civil liability against the accused," it added.
Thus, the court held Genuino, Francisco, Figueroa, King, and Custodia liable, jointly and severally, to return and reimburse to the government, through the Bureau of Treasury, the amounts of P6,370,000, P4,761,875, P2,389,093.05, P11,907,500, P19,740,930 "which shall earn legal interest at the rate of six percent per annum computed from the finality of this decision until fully paid."
The 28-page resolution was written by Associate Justice Ronald B. Moreno with the concurrence of Third Division Chairperson and Associate Justice Karl B. Miranda and Associate Justice Edgardo M. Caldona.
The criminal charges stemmed from the illegal disbursement of PAGCOR funds for the purchase of promotional items such as shirts, caps, tarpaulins, and other items from 2005 to 2008 for BIDA Foundation, which was founded by Genuino.