The Sandiganbayan has dismissed a motion of former Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino for reconsideration of its resolution junking his plea for acquittal in graft and malversation cases.
In a six-page resolution promulgated on April 19, the Sandiganbayan third division denied “for utter lack of merit” Genuino’s motion for reconsideration assailing the January resolution of the anti-graft court.
In January, the Sandiganbayan junked Genuino’s motion seeking acquittal in 19 graft and 20 malversation of public funds charges. He had argued that he should be cleared of criminal liabilities.
The cases involved Pagcor’s P26.7-million purchase of film tickets in 2009 for the movie “Baler” for the benefit of the BIDA Foundation.
According to the court, Genuino just rehashed his previous arguments and was already found to be without merit in the assailed Sandiganbayan resolution.
“We need not belabor on the other issues raised by accused-movant, lest we become repetitive. The Court is not inclined to embark on another extended discussion of the same issue,” the tribunal said.
The anti-graft court reiterated that the doctrine of the case applies only in the proceedings involving the same case and the same parties after Genuino again invoked the doctrine and stare decisis.
“The doctrine of the case means that whatever has once been irrevocably established as the controlling legal rule of a decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be facts on the case before the Court,” it said.
Further, the Sandiganbayan said the principle of stare decisis is not applicable to the case.
“The principle of stare decisis enjoins adherence to judicial precedents. It requires the courts to follow a rule already established in a final decision of the Supreme Court,” it said.
The resolution was penned by Presiding Justice Amparo Cabotaje-Tang.
