G.R. No. 240209 - Ferrer, Jr. vs. People

The case originates from an Information charging Dominador C. Ferrer, Jr., then Administrator of the Intramuros Administration (IA), with violation of Section 3(e) of Republic Act No. 3019 (the “Anti-Graft and Corrupt Practices Act”).
The Information alleged that on or about August 20, 1998 – or for some time before or after that date – in Manila, Ferrer, while performing his official and administrative functions, acted with manifest partiality, evident bad faith, and gross inexcusable negligence.
The charge centered on Ferrer giving unwarranted benefits to Offshore Construction and Development Company (OCDC) by causing the award of lease contracts covering portions of Intramuros without conducting any required public bidding.

Ferrer allowed OCDC to enter into three lease contracts covering Baluarte de San Andres, Revellin de Recoletos, and Baluarte de San Francisco de Dilao in Intramuros.
The awarding of these contracts was done without holding the public bidding mandated under Joint Circular No. 1 (dated September 30, 1989).
Ferrer further permitted OCDC to commence construction of new structures in these leased areas without obtaining the necessary building permits or clearances required under the Intramuros Charter (P.D. 1616) and the National Building Code.

Testimonies revealed that OCDC had submitted construction plans to the Technical Committee, which disapproved the plans as they would impair the integrity of the Intramuros Walls and violate heritage conservation laws.
Despite the disapproval, OCDC began construction and was later found to have installed air conditioning units through the ancient walls, bored nails into the structures, and added concrete for a mezzanine, all without the appropriate permits.
Subsequent inspections by the Technical Committee uncovered these irregularities, prompting the preparation of a Notice of Violation – a document Ferrer was expected to sign but did not.
The Urban Planning and Community Development Division, upon discovering the unauthorized construction activities, took appropriate measures by requesting OCDC to cease further construction and secure the necessary permits, backed by reports from department officials including DoT Secretary Gemma Cruz-Araneta.

Ferrer pleaded “not guilty” and argued that the lease contracts were executed at the instance of DoT Secretary Cruz-Araneta, who assured him that she would sign the contracts.
He contended that after receiving reports of the unauthorized construction, he acted by visiting the site and issuing a Notice of Demolition, and that the necessary clearances were eventually obtained.
The Sandiganbayan (SB), in its Decision dated May 11, 2018, found Ferrer guilty beyond reasonable doubt and imposed an indeterminate sentence ranging from six years and one month to ten years imprisonment, along with perpetual disqualification from public office.
A subsequent SB Resolution dated June 18, 2018 denied his motion for reconsideration, leading to the filing of the petition for review on certiorari.

Whether the Sandiganbayan correctly convicted Ferrer for violation of Section 3(e) of RA 3019 based on the evidence presented.

Whether Ferrer, as a public officer discharging official functions, acted with manifest partiality, evident bad faith, or gross inexcusable negligence.
Whether his actions by allowing OCDC to commence construction without the required permits or clearances amounted to giving an unwarranted benefit to a private party.
Whether the subsequent issuance of development clearances, after construction had reached an advanced stage, negates or mitigates the commission of the offense.
The admissibility and sufficiency of the factual findings as conclusive issues in an appeal from the Sandiganbayan where only questions of law, not fact, are reviewable.