G.R. No. 170029 - Sameer Overseas Placement Agency, Inc. vs. Bajaro

Case Digest (G.R. No. 170029)
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Facts:

Parties and positions

PEOPLE OF THE PHILIPPINES filed the prosecution against LAURO L. BAJA, JR., who served as Philippine Permanent Representative to the United Nations and Chief of Mission I, Department of Foreign Affairs from April 9, 2003 to February 2007.
The prosecution charged Baja with violation of Section 3(e), Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) for allegedly claiming and receiving reimbursement for non-existent or fictitious representation expenses for Calendar Years 2003, 2004 and 2005.

Audit by the Commission on Audit (COA)

On May 25, 2006, COA Chair Guillermo N. Carague issued Office Order No. 2006-130 assigning personnel to audit foreign-based government agencies in New York City.
Audit Team 1 comprised Director Roberto T. Marquez (director-in-charge), Auditor Manalo C. Sy (team leader), and Auditors Merenisa B. Cordera and Teresita D. Braga.
From July 17 to 28, 2006, the team examined cash and accounts for the period April 25, 2002 to July 17, 2006, including disbursements and measures adopted by the Philippine Mission to the United Nations.
On July 27, 2006, Sy and Cordera prepared an Audit Observation Memorandum noting that certain reimbursements in 2005 totaling US$9,689.96 were not properly documented as required under P.D. No. 1445, Section 4(6) and Section 231 of the 1995 Revised Regulations of the DFA.
The Audit Observation Memorandum observed that supporting documents consisted only of computerized receipts and photocopies of checks which: were not pre-numbered, did not contain establishment names, did not indicate purpose on vouchers or receipts, and photocopied checks did not show payee receipt or bank payment; COA stated cancelled/paid checks should have been submitted to avoid suspension or disallowance under P.D. No. 1445.
Cordera prepared a detailed tabulation of Baja’s representation expenses and claims; a copy of the Audit Observation Memorandum was sent to Baja on July 28, 2006 for comments.

Department of Foreign Affairs (DFA) review and fact-finding

On January 15, 2007, Marquez sent a Management Letter to Foreign Affairs Secretary Alberto G. Romulo attaching the Audit Observation Memorandum and annexes.
On February 8, 2007, Acting Assistant Secretary Crescente R. Relacion requested the Philippine Mission to the United Nations to comment on the audit findings and recommendations.
Baja ended his tour of duty by the end of February 2007.
On March 14, 2007, Acting Secretary Rafael E. Seguis requested COA audits for Q1 2007 for the Philippine Mission to the UN and the Philippine Consulate General in New York.
Ambassador Hilario G. Davide, Jr. requested that Baja be required to comment and submit supporting documents; Relacion on March 23, 2007 asked that audit documents be submitted to Baja for clarifications.
On April 26, 2007, Secretary Romulo issued Travel Authority No. 351-07 to a DFA fact-finding team composed of Relacion and Mario De Leon, Jr. to validate the COA findings.
On August 2, 2007, the fact-finding team validated the COA findings and reported that COA had audited 2005 representation expenses and identified exceptions amounting to US$9,869.96; it reiterated irregularities in computerized receipts and photocopied checks.
The fact-finding team reviewed 2003 and 2004 books and identified additional questionable representation expenses amounting to US$8,145.00 (2003) and US$11,100.00 (2004); originals of checks totalling US$13,656.00 for 2003–2004 were not presented.
The fact-finding team attempted to secure Baja’s bank account information but failed due to bank privacy laws.
The team interviewed Mr. Sung, manager of Azure (an establishment from which expenses were claimed); Sung said receipts were genuine but he did not recognize the handwriting, observed amounts were unusually high, did not recall PMUN as a customer, and noted a discrepancy between Azure’s usual charge and the amounts shown on the receipts.

Complaint, Information, and prosecution evidence

On March 12, 2008, Jaime D. Jacob filed a Complaint-Affidavit before the Office of the Ombudsman accusing Baja of violating Republic Act No. 9184, Republic Act No. 3019, and Article 220 of the Revised Penal Code; the complaint alleged Section 3(e), RA 3019 violations for causing undue injury through gross negligence and/or evident bad faith.
The Information charged that Baja willfully, unlawfully and criminally claimed and received reimbursement for non-existent or fictitious representation expenses in amounts US$8,145.00 (2003), US$11,100.00 (2004), and US$9,689.96 (2005), totaling US$28,934.96, thereby causing undue injury to the Government.
The prosecution presented witnesses including Relacion, Fe Osea Balerite, Cordera, and others; Relacion testified as member of the fact-finding team; Balerite identified documents; Cordera testified she prepared the 2005 tabulation and signed the Audit Observation Memorandum and admitted no notice of disallowance was issued because audit was suspended.
Sy’s testimony was not presented because it would only corroborate Cordera.
The prosecution filed a Formal Offer of Exhibits; Baja filed Comments and Objections and subsequent pleadings.

Demurrer to Evidence and Sandiganbayan proceedings

On May 27, 2016, Baja moved for leave to file a demurrer to evidence; the Sandiganbayan denied leave without prejudice but allowed filing of a demurrer subject to Rule 119, Section 23 consequences.
On July 27, 2016, Baja f...(Subscriber-Only)

Issues:

Whether the Petition for Certiorari is barred by Article III, Section 21, 1987 Constitution on *double jeopardy*

Whether the Sandiganbayan’s grant of a demurrer to evidence, which led to dismissal, constituted an acquittal barring further prosecution.
Whether petitioner’s Rule 65 petition challenging that grant violated Baja’s constitutional right against successive prosecution for the same offense.

Whether the Sandiganbayan correctly found that the prosecution failed to prove that LAURO L. BAJA, JR. claimed reimbursement for fictitious or non-existent representation expenses

Whether the prosecution’s evidence of improper documentation and the fact-find...(Subscriber-Only)

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

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