Case Digest (G.R. No. 240209)
Facts:
Ferrer v. People, G.R. No. 240209, June 10, 2019, the Supreme Court En Banc, Perlas-Bernabe, J., writing for the Court. Petitioner is Dominador C. Ferrer, Jr. (Ferrer); respondent is the People of the Philippines. The case is a petition for review on certiorari from the Sandiganbayan’s conviction of Ferrer for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).The information charged Ferrer, as Administrator of the Intramuros Administration (IA), with giving unwarranted benefits to Offshore Construction and Development Company (OCDC) by awarding three lease contracts (covering Baluarte de San Andres, Revellin de Recoletos, and Baluarte de San Francisco de Dilao) and allowing construction of new structures without the required building permits or clearances, in manifest partiality, evident bad faith, or gross inexcusable negligence. The prosecution’s evidence showed that OCDC presented plans to the IA Technical Committee in August 1998; the Committee disapproved the plans for endangering the Walls and violating conservation laws, but construction nevertheless commenced without the Committee’s knowledge or the necessary permits. Inspections later revealed air-conditioning units and nails bored through the Walls and concrete mezzanines; OCDC could not produce building permits when first asked.
Administrative records and witness testimony (including Victor B. Reyes of the Urban Planning and Community Development Division) showed that his division prepared a Notice of Violation and a letter directing OCDC to cease construction and secure permits; Ferrer failed to sign the Notice of Violation. OCDC applied for development clearances only on October 13, 1998, by which time construction was already ongoing, and clearances were approved on October 15, 1998—by then construction was estimated at about 75% complete. Ferrer contended he acted at the instance of then-Department of Tourism Secretary Gemma Cruz-Araneta, that the Secretary would also sign the lease contracts, that he issued a Notice of Demolition upon discovering violations, and that clearances were eventually issued.
The Sandiganbayan, in a Decision dated May 11, 2018, found Ferrer guilty beyond reasonable doubt of violating Section 3(e) of RA 3019, sentencing him to an indeterminate term of imprisonment of six years and one month to ten years, with perpetual disqualification from public office. The SB concluded that: (a) Ferrer was a public officer; (b) he exhibited gross inexcusable negligence by allowing construction without the Technical Committee’s recommendatory approval (a precondition for a building permit); and (c) his acts conferred a distinct advantage on OCDC. The SB rejected the prosecut...(Pro-only)
Issues:
- Did the Sandiganbayan correctly convict Dominador C. Ferrer, Jr. for violation of Section 3(e) of RA 3019...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)