Ombudsman files graft raps vs. ex-PAGCOR chair, 7 others at Sandiganbayan

By , on June 4, 2016


Central Office of the Ombudsman Building, Agham Road, North Triangle Diliman, Quezon City  (Photo: Wikipedia/Judgefloro)
Central Office of the Ombudsman Building, Agham Road, North Triangle Diliman, Quezon City
(Photo: Wikipedia/Judgefloro)

MANILA – The Office of the Ombudsman (Ombudsman) filed on Friday before the Sandiganbayan graft charges against former Philippine Amusement and Gaming Corporation (PAGCOR) Chair Efraim Genuino for the alleged anomalous release of Php 37-million worth of funds for the training of swimmers who competed in the 2012 Olympics.

In two separate cases filed before the Sandiganbayan, Genuino and seven other former government officials were charged with two counts of violation of Section 3 (e) of Republic Act 3019, or the “Anti-Graft and Corrupt Practices Act.”

Aside from Genuino, also charged were former PAGCOR president and chief operations officer Rafael Francisco, former PAGCOR senior vice president Edward King, former PAGCOR executive vice president Rene Figueroa, former PAGCOR vice president Ester Hernandez, former PAGCOR assistant vice president Valente Custodio, former Philippine Sports Commission (PSC) Chair William Ramirez and former Philippine Amateur Swimming Association Inc. (PASA) president Mark Joseph.

The PASA is an attached agency of the PSC.

A separate case of violation of Section 3 (h) of RA No. 3019 was also filed against Genuino.

The cases arose from a complaint filed by the Philippine Swimming League in 2011.

Based on the information of the cases, checks totaling Php 37,063,488 were released by PAGCOR to PASA between April 2007 to August 2009 in connection with PAGCO’s program of funding the development and training of swimmers who were about to compete in the 2012 Olympics.

The Ombudsman said that this is on top of the Php 910,000 that the PAGCOR also released to PASA within the same period, supposedly for paying an IT company, Synercraft Control Technologies, for the maintenance of timer and computer systems used throughout the training program.

The Ombudsman, through the Office of the Special Prosecutor (OSP), said that the release of both funds was anomalous as it has not passed prior approval by the PAGCOR Board of Directors.

The OSP added that both funds should have been released directly to PSC to form part of its National Sports Development Fund (NSDF) as provided by law.

It noted that the Trace Aquatic Center (TAC), a sports facility leased by PASA for the training program, was owned by Genuino and his family.

“The funds directly released to PASA were expended to pay TAC for the use of its aquatic, a sports facility effectively owned and controlled by accused Genuino and his family,” the OSP said.

The OSP said that the timer and computer systems maintained by Synercraft were also owned by the TAC.

  • Avery_23

    I am against corruption that’s why I am against corrupt ombytchwoman cunntcheater capro moralLess!

    Carpio-Morales is a corrupt ombudsman, neglecting her job in order to advance the interest of the Liberal Party of the Philippines. Erineo “Ayong,” Maliksi, a Liberal Party member’s graft and corruption case was dismissed by the court due to “inordinate delays” by Carpio-Morales even though the court found “reasonable ground to believe that an offense has been committed.”. “’Suffice it to state that based on obtaining facts, there is reasonable ground to believe that an offense has been committed. Be that as it may, however, it behooves the Court to state that the other ground of inordinate delay … is an overriding consideration…’ the court said in its resolution”. “The court also noted that the Ombudsman only released the joint resolution finding probable cause July 8, 2014, four years after the consolidation of the three cases. The resolution did not even include the third PCSO complaint, the court said. ” newsinfo**Inquirer**Net/673013/govt-seeks-reinstatement-of-case-vs-maliksi

    newsinfo**inquirer**net/670067/graft-rap-vs-ex-cavite-governor-dismissed-over-ombudsmans-inordinate-delay

    And another one: www***mb***com***ph/sandiganbayan-dismisses-graft-charges-vs-bohol-solon-governor/ “Since it took 15 years for Office of the Ombudsman to file charges, the Sandiganbayan First Division has dismissed due to inordinate delay the graft case against Bohol Rep. Rene Relampagos, Gov. Edgardo Chatto and their co-accused in connection with the undervalued sale of the province’s water and electric utilities.

    newsinfo***inquirer***net/758240/court-junks-p627-m-graft-case-vs-gov-after-long-delay “Court junks P627-M graft case vs gov after long delay”

    2. Why do you praise ombytchwoman Cunntcheater corruptbytch when she hasn’t won a single big case against the corrupt like GMA, in fact only not guilty verdicts are out?

    3. I filed a case against the FDA with overwhelming evidence and I lost!WTF!!!!

    Ang alam ko number 1 corrupt si ombytchwoman as she was entrusted with the power to counter corruption yet she condones corruption!

    The FDA is extremely corrupt. List of people at the FDA and DOH who are corrupt: Atty Romela Devera, Sec. Garin, Dr. Miriam Sales, Atty. Lutero III, Jesusa Cirunay, Dr. Peter Glenn Chua, Agnette Peralta, MArivic Paulino, Atty. Jasper Lascano and Atty. Emilio Polig and former employees: Sec. Ona, FDA chief Suzette Lazo, FDA chief Kenneth Hartigan-Go (and now undersecretary of Health)! are extremely corrupt!

    Wicked_Lia(r) said, ” mukhang kilala mo ang mga tao sa FDA aH!

    nakakatransaksyones mo ba?

    lahat naman ng ahensya may mga BULOK……..”

    Yan na! Inamin ng corrupt silang mga N0ytard at MARnanakaw!

    Why hasn’t Ombytchwoman Cunntcheater Capro MoralLess Corruptbytch held Purusama in contempt of court by violating the suspension order on him? Corrupt much?

    How come Ombytchwoman Cunntcheater Capro MoralLess Corruptbytch hasn’t filed charges against anyone in the North Rail project scandal? Corrupt much? wwwmbcomph/what-happened-to-northrail/

    For the information of the bloggers:

    Read Atty Salumbides et al vs. Ombudsman, G.R. no. 180917 promulgated by the Supreme Court on April 23, 2010.” This is one of the last decisions written by former Justice Carpio-Morales now, the Ombudsman herself. While the petitioners prayer for the extension of the “doctrine of condonation” was rejected because it can only be available to elective officials, Carpio-Morales asserted the doctrine of condonation and cited several cases to wit:

    “More than 60 years ago, the Court in Pascual v. Hon. Provincial Board of Nueva Ecija17c?a issued the landmark ruling that prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of office. The Court explained that “[t]he underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor.”18c?a

    The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When the people elect[e]d a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct[,] to practically overrule the will of the people.19c?a

    Lizares v. Hechanova, et al.20c?a replicated the doctrine. The Court dismissed the petition in that case for being moot, the therein petitioner “having been duly reelected, is no longer amenable to administrative sanctions.”21c?a

    Ingco v. Sanchez, et al.22c?a clarified that the condonation doctrine does not apply to a criminal case.23c?a Luciano v. The Provincial Governor, et al.,24c?a Olivarez v. Judge Villaluz,25c?a and Aguinaldo v. Santos26echoed the qualified rule that reelection of a public official does not bar prosecution for crimes committed by him prior thereto.

    Consistently, the Court has reiterated the doctrine in a string of recent jurisprudence including two cases involving a Senator and a Member of the House of Representatives.27c?a

    Salalima v. Guingona, Jr.28c?a and Mayor Garcia v. Hon. Mojica29reinforced the doctrine. The condonation rule was applied even if the administrative complaint was not filed before the reelection of the public official, and even if the alleged misconduct occurred four days before the elections, respectively. Salalima did not distinguish as to the date of filing of the administrative complaint, as long as the alleged misconduct was committed during the prior term, the precise timing or period of which Garcia did not further distinguish, as long as the wrongdoing that gave rise to the public

    official’s culpability was committed prior to the date of reelection.” (end of quote)

  • Avery_23

    Did Morales forgot her recent decision before she left the Supreme Court? Why did she reasserted the “doctrine of condonation” as to elective officials when she was still a member of the Supreme Court yet now, conveniently urged the Supreme Court to revisit the time honored doctrine (60 years)? For convenience?

    Are you saying that the Supreme Court was consistently wrong in a string of several cases for 60 years reiterating the said doctrine and you are the only one correct Sereno? Are you saying that Capio-Morales was also wrong considering that the decision penned by Carpio-Morales was decided by a “court en banc”?

    “As for San Pedro, his administrative liability was rendered moot and academic owing to his reelection in the same position in 2010,” she said, referring to a Supreme Court doctrine that condones the administrative liability of an elected public official for a past offense once that official is reelected for a fresh term.

    Kaya pala! (No wonder!)

    Proof that N0ytard is condoning corruption:

    wwwabs-cbnnewscom/video/nation/10/23/15/pnoy-defends-govt-workers-bribery-corruption-issues

    Kaya pala inignore yung complaint ko against the FDA, DOH, etc. He is condoning the corrupt practices of government employees! Doesn’t N0ytard know that those government employees are extorting money from the public? If we do not give, they won’t give us a permit, just like what happened to me! And I reported it to ombitchwoman and she dismissed the case.

    Once more N0ytard blames the victims:

    pinoytrendingnews***net/i-feel-sorry-for-the-airport-security-personnel-wrongly-embroiled-on-the-tanim-bala-issue-pnoy/

    philsta***com/metro/2015/11/24/1525267/noy-tanim-bala-just-3-34-m-travelers

    Blaming the victims once more and I thought he was anti-corruption? Isn’t one incident, one too many?

    Even MARnanakaw admits that there’s massive corruption: philstar***com/police-metro/2015/11/27/1526400/mar-inamin-na-bigo-ang-daang-matuwid

    www***philstar***com/headlines/2015/12/10/1531041/noy-fight-vs-corruption-it-takes-two-tango Uh0oh! Fault of the victims again.

    “Abaya should be held liable as he signed the supposedly anomalous contract.” newsinfo***inquirer***net/745198/poe-disappointed-as-ombudsman-spares-abaya-in-graft-charges

    P3.8-B MRT deal awarded without public bidding done by pAbaya!!! N0ytard approved.

    www***philstar***com/headlines/2015/12/26/1536377/p3.8-b-mrt-deal-awarded-without-public-bidding

    globalnation****inquirer****net/75849/france-blacklists-philippines-16-other-countries-for-handling-foreign-aid

    Napoles insists Abad ‘tutored’ her on fund scam, says she gave to campaigns of Chiz, Alan, Villar interaksyoncom/article/87674/napoles-insists-abad-tutored-her-on-fund-scam-says-she-gave-to-campaigns-of-chiz-alan-villar

    Philippine Politics has been listed as second most profitable business in Asia, beating giant companies like Toyota Motors, Samsung, Keppel, and even its own San Miguel and Ayala Corporation according to a study published by Money Magazine in 2014. kahimyang***info/kauswagan/general-blogs/1743/study-says-philippine-politics-is-one-of-the-most-profitable-businesses-in-asia