Former Pagcor chair asks Supreme Court to stop hold departure order

MANILA, Philippines - Former Philippine Amusement and Gaming Corp. (Pagcor) chair Efraim Genuino asked the Supreme Court (SC) yesterday to stop the Department of Justice from implementing a hold order preventing him and his children from leaving the country in connection with a string of graft and corruption charges they are facing.

In a 27-page petition, Genuino asked the high court to issue a temporary restraining order (TRO) against the hold departure order (HDO) issued by Department of Justice (DOJ) Secretary Leila de Lima against him, his son Erwin and daughter Sheryl Genuino-See.

The Genuinos also argued that the HDO, which was based on DOJ Circular No. 041-10, was unconstitutional since it violated their right to due process. They said they were not informed that an application for an HDO was filed against them, and they were not given an opportunity to be heard.

“It is respectfully submitted that Circular No. 041-10 is a tool for abuse as an HDO can be issued by the mere filing of a criminal complaint even in the absence of a finding of probable cause or a showing that there exists a threat to national security, public health or public safety,” they stressed.

The DOJ formed a three-member panel of prosecutors to handle the plunder compliant filed against Genuino and 40 others over the use of P186 million in Pagcor funds to support his daughter’s congressional bid in last year’s polls.

Pagcor also filed graft and malversation charges against Genuino, his son Erwin and several others for misusing P26.7 million of its funds.

Genuino was accused of unauthorized release of funds to produce the movie “Baler” in a joint production of BIDA Productions and Viva Communications Inc.

There were also allegations against Erwin that he benefited from a 300-metric ton rice donation by a Japanese firm to the Philippine government during the election campaign in 2010 when he ran but lost in the Makati City mayoralty race.

The rice donation was supposedly intended for the victims of typhoon “Frank” in 2008 but parts of it were allegedly used to boost Erwin’s political campaign.

Sheryl, on the other hand, was the first nominee of the party-list BIDA (Batang Iwas Droga) Foundation in which funds from Pagcor were allegedly used to finance BIDA’s political bid.

The HDO would be valid for five years and the respondents would not be allowed to leave the country unless they are able to secure an allow departure order from the DOJ.