Ex-envoy to UN gets 27 years for graft

MANILA, Philippines — The Sandiganbayan has sentenced former Philippine ambassador to the United Nations Lauro Baja Jr. to 27 years for graft involving $17,524.

In a 25-page decision promulgated on April 13 and released to the media yesterday, the anti-graft court’s Fourth Division found Baja guilty of violating the Anti-Graft and Corrupt Practices Act and malversation of public funds.

Baja was accused of pocketing insurance payments amounting to $17,524 for a damaged government-owned apartment in New York City in 2006. He said he would appeal his conviction.

The anti-graft court also ordered Baja to pay a fine of $17,524, equivalent to the amount of public funds he pocketed. He was also perpetually disqualified from holding public office.

The cases stemmed from Baja’s alleged failure to remit to the government proceeds in the amount of $17,524 from the insurance of a damaged Philippine-owned townhouse located at 15th East 66th Street, New York City.

The townhouse served as his official residence as permanent representative of the New York Philippine Mission to the UN.

The townhouse was supposedly damaged in December 2004 due to flooding caused by the bursting of the heating pipes in the unit’s second floor.

Based on the court’s records, US-based Lexington Insurance Company issued checks in June 2005 as payment for the insurance of the damaged residential unit. The checks include payments for personal damages at $780, building damages worth $12,504, holdbacks at $1,739 and insurance of the “lost jewelry and cash” of Baja’s wife worth $2,500.

The court gave weight to the testimony of mission finance officer Tomas Valerio Jr. who said that he advised Baja to deposit the checks to the mission’s official Philippine National Bank (PNB) bank account.

Baja reportedly refused and instead opened a separate account at the PNB under the name “Philippine Mission to the UN-Renovation of Townhouse.”

“Accused Baja disregarded protocol and insisted on opening a separate PNB account...Consequently, the DFA (Department of Foreign Affairs) had no information about the insurance proceeds because the funds were purposely isolated and separated from the (mission’s) official bank accounts,” the court said.

The court noted Baja also “kept mum about the withdrawal of the insurance proceeds and the subsequent closure of the (separate) PNB account.”

“Under the circumstances, the Court is convinced that the feigned transparency of accused Baja betrays his active concealment of the use and disposal of the insurance proceeds he received on behalf of the (mission),” the decision read.

The anti-graft court found no merit in Baja’s claim that the insurance proceeds were used as payments for the repair of the damaged property. The court said that while Baja presented photocopies of several receipts as proof of payment to a construction firm, these have no evidentiary bearing as the former UN official failed to present the original documents nor to prove the execution or unavailability of the original ones.

“There is no legal justification, much less authority, for Baja to convert into his wife’s personal fund the $2,500 payment he received for the supposed lost jewelry and cash of his wife,” the court said.

“The said amount was not paid to reimburse Mrs. Baja per se, rather, it was given to indemnify the mission for the lost/stolen items. This would require Mrs. Baja to first file a claim against the mission for the lost/stolen property before the mission pays her for her loss,” the court added.

In a statement, Baja said he is set to file a motion for reconsideration on the court’s ruling.

“We were very confident of acquittal because no injury was done to government (and) no evidence I pocketed the money. All funds were used for the repair of the damaged building which was acknowledged by the insurance company itself and all disbursements (were) covered by receipts of (the) construction company,” Baja said.