Sandiganbayan reverses conviction of Baja, former UN envoy
Published Feb 21, 2020 12:00 am
Sandiganbayan (MANILA BULLETIN)
Baja was initially convicted for violating Section 3(e) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code for taking $17,542.27 worth of public funds and using it as payment of personal and building damage, "holdbacks," and proceeds of insurance claim for the alleged jewelry cash of his wife.
After his conviction, Baja filed a motion for reconsideration and another motion for leave to admit attached supplemental motion. Both were denied by the anti-graft court. When he filed a motion for leave to reopen proceedings, it was finally granted.
For additional evidence, Baja offered the statement of Teresita Lopez-Mendiola, former Consul General of Guam. He also presented a representative from York Risk Services Group Incorporated, the third-party adjuster which processed the insurance claim and released the hold-back value.
After reviewing such additional evidence, the anti-graft court ruled that Baja's acquittal is in order.
In Mendiola's Judicial Affidavit dated February 14, 2019, she explained the procedures she followed in handling the insurance proceeds she received for the repairs of the Consul General's residence.
She claimed that after the insurance company released the insurance proceeds, she had a discussion with her Finance Officer and Administrative Officer about it. They then decided to open a separate bank account in the name of the Philippine Consulate General with the government's depository bank, and she and her finance officer were designated as the signatories.
They monitored the insurance proceeds, and she attested that her attention was never called regarding any irregularity in relation to the procedures they followed.
"The narrations of Consul General Mendiola of her own experience, which bears an uncanny resemblance to the facts of the instant case, serve to belie any ill-motive on the part of the accused," the resolution read. "In fact, they directly contradict the allegation that he acted in evident bad faith in handling the insurance proceeds he received on behalf of the Philippine Mission."
As for the electronic documents from York, the anti-graft court noted that it affirmed the admission of Crescente Relacion that the hold-back value will only be released by the insurance company after inspection and upon confirmation that repairs were actually made.
"This affirmation destroys the prosecution's position that the accused converted the insurance proceeds to his personal benefit," the court said.
Given all of these facts, the court said that the quantum of proof needed to convict Baja is found lacking. "Wherefore, premises considered, the decision dated April 13, 2018 is hereby vacated. Accordingly, a new judgment is entered, acquitting accused Lauro L. Baja for failure of the prosecution to prove his guilt beyond reasonable doubt," the dispositive portion of the resolution read.
The 12-page resolution was penned by Associate Justice Reynaldo Cruz with the concurrence of Fourth Division Chairperson Alex Quiroz and Associate Justice Rafael Lagos.
Associate Justices Bayani Jacinto and Sarah Jane Fernandez offered dissenting opinions. All three justices of any Sandiganbayan division have to reach a unanimous decision before a resolution or decision is promulgated. In case of a dissenting opinion, two justices from another division will be called upon. The majority vote will then be followed.
Because of his acquittal, Baja escaped his original prison sentence which is a minimum of 16 years, one month, and one day imprisonment and a maximum of 27 years and four months with perpetual disqualification from holding public office. He was also directed to pay back the government the amount of $17,547.27.