SC affirms dismissal of graft raps vs ex-envoy Baja

The Supreme Court (SC) has affirmed the dismissal of the graft case against former diplomat Lauro Baja Jr.  in connection with the reimbursement of alleged non-existent representation expenses.

In a decision written by Associate Justice Marvic Leonen, the SC Third Division said the Office of the Ombudsman failed to prove that the Sandiganbayan gravely abused its discretion in finding insufficient evidence to show that Baja claimed expenses for fictitious transactions.

Baja was accused of "willfully, unlawfully, and criminally" claiming and receiving his reimbursement for "non-existent or fictitious" representation expenses totaling $28,934.96 from 2003 to 2005 from the Department of Foreign Affairs without proper documentation, according to court documents.

He was the country’s permanent representative to the United Nations in New York from 2003 to 2007.

In March 2017, the Sandiganbayan granted Baja’s demurrer to evidence, which is tantamount to an acquittal.

The anti-graft court said the prosecution did not present corroborating evidence such as statements from persons with personal knowledge of the alleged nonpayment to show that the expenses did not exist.

The Sandiganbayan also found that while there was improper documentation of the reimbursements, these documents were not evidence of non-existent or fictitious transactions.

“Petitioner (Ombudsman) was unable to show that the Sandiganbayan, in granting the demurrer, blatantly abused its authority to deprive itself of ‘its very power to dispense justice,’” the SC said in its decision dated April 26, a copy of which was posted on the SC website only on Wednesday.

“To reverse its grant of the demurrer to evidence and dismissal of the case would be to violate respondent Baja’s right against double jeopardy.”

Baja was also acquitted by the Sandiganbayan in a separate case involving the alleged misuse of $17,542.27 worth of insurance claims.—AOL, GMA News