G.R. No. 233437 - PEOPLE OF THE PHILIPPINES, VS. HONORABLE SANDIGANBAYAN (FOURTH DIVISION), AND LAURO L. BAJA.

Ruling

Accordingly, an Information was filed. It reads: That on Calendar Years 2003, 2004 and 2005, or sometime prior or subsequent thereto, in the Philippine Mission to the United Nations, New York City, United States of America, which is an extension of the Philippine territory and within the jurisdiction of this Honorable Court, herein accused LAURO L. BAJA, JR., a high ranking public officer with Salary Grade 29, holding then the position of Philippine Permanent Representative to the United Nations and Chief of Mission I, Department of Foreign Affairs, who by reason of his office and while in the exercise and discharge of his functions, acting with manifest partiality, evident bad faith, or gross inexcusable negligence, and committing the offense in relation to office, did then and there, willfully, unlawfully, and criminally claim and receive from the Department of Foreign Affairs his reimbursement for non-existent or fictitious representation expenses in the total amounts of US$8,145.00, US$11,100.00, and US$9,689.96 for Calendar Years 2003, 2004, and 2005, respectively, without proper documentation in the sum total of the above amounts of TWENTY EIGHT THOUSAND NINE HUNDRED THIRTY FOUR & 96/100 DOLLARS, United States Currency (US$28,934.96), thereby causing undue injury to the Government in the said amount. [32] The prosecution presented as witnesses Relacion, Fe Osea Balerite (Balerite), Jesus G. Salvador (Salvador), Edna V. De Leon (Edna), Clarence Joson (Joson), Cordera, and Sy. [33] Relacion testified as a member of the fact-finding team that validated the audit team's findings. [34] Balerite, as state auditor assigned to the Department of Foreign Affairs, identified documents in her Judicial Affidavit. [35] Salvador's, Edna's, and Joson's testimonies were dispensed with. [36] Cordera testified that she prepared the tabulation on Baja's representation expenses for the period of January 1 to December 31, 2005, and signed the Audit Observation Memorandum. [37] On cross-examination, she stated that no notice of disallowance was issued because the audit was suspended to await the submission of other documents, and that to her knowledge, no disallowance order or notice of suspension was issued by the Commission on Audit or the Department of Foreign Affairs-Commission on Audit. [38] Sy, who reviewed the Audit Observation Memorandum, was no longer presented as his testimony would only corroborate Cordera's testimony. [39] The prosecution filed its Formal Offer of Exhibits, to which Baja filed his Comments and Objections. Then the prosecution filed its Reply, and Baja filed his Rejoinder. [40] On May 27, 2016, Baja moved for leave to file the demurrer to evidence, to which the prosecution filed its Comment. The Sandiganbayan denied the motion without prejudice to Baja filing such a demurrer despite the lack of leave of court, although subject to the consequences stated in Rule 119 Section 23 of the Rules of Court. [41] On July 27, 2016, Baja filed his