Case Summary (G.R. No. 240209)
Facts of the Case
The prosecution charged Ferrer with violating Section 3(e) of Republic Act No. 3019, known as the Anti-Graft and Corrupt Practices Act. Specifically, the Information detailed that on or about August 20, 1998, Ferrer awarded lease contracts to Offshore Construction and Development Company (OCDC) and permitted it to construct structures without the requisite public bidding, a violation of the law. The Technical Committee responsible for evaluating OCDC's plans had disapproved them due to their potential to compromise the integrity of the heritage site—Intramuros Walls. Despite this, construction commenced without the necessary building permits, leading to damage claims against public interests.
Prosecution's Evidence
In support of the prosecution, witnesses testified that OCDC undertook construction activities without the necessary approvals. Ferrer was made aware of these infractions but failed to act by signing a Notice of Violation or enforcing the cessation of these activities. Witnesses noted that the structure was severely damaging the Intramuros Walls and that Ferrer’s negligence was particularly notable because he was aware of the legal requirements for development within the heritage site.
Ferrer's Defense
In his defense, Ferrer claimed he acted under the directives of then-Department of Tourism Secretary Gemma Cruz-Araneta, who advised him that the lease contracts would also be signed by her. He asserted that upon learning of OCDC's violations, he took timely action to halt the construction and issue necessary clearances. Ferrer maintained that no public bidding was legally required for the contracts and implied that he was misled regarding the necessity for building permits.
Sandiganbayan's Ruling
The Sandiganbayan ultimately convicted Ferrer, sentencing him to an indeterminate prison term of six years and one month to ten years, along with perpetual disqualification from holding public office. The court noted the presence of gross negligence on Ferrer’s part and determined that he had indeed conferred unwarranted benefits to OCDC by allowing it to proceed with construction despite lacking necessary permits.
Issues Presented
The primary issue for resolution was whether the Sandiganbayan's conviction of Ferrer for the violation of Section 3(e) of RA 3019 was justified.
Court’s Ruling
The Supreme Court upheld the Sandiganbayan's decision, affirming Ferrer’s conviction. The Court highlighted that the elements of the violation
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Case Overview
- This case involves a petition for review on certiorari by Dominador C. Ferrer, Jr., challenging the Decision dated May 11, 2018, and the Resolution dated June 18, 2018, of the Sandiganbayan (SB) in Crim. Case No. 26546.
- Ferrer was found guilty beyond reasonable doubt of violating Section 3 (e) of Republic Act No. 3019, known as the "Anti-Graft and Corrupt Practices Act."
Facts of the Case
- The Information filed against Ferrer alleged that he, as the Administrator of the Intramuros Administration (IA), acted with manifest partiality, evident bad faith, and gross inexcusable negligence.
- The accusations stemmed from Ferrer's awarding of lease contracts to Offshore Construction and Development Company (OCDC) without conducting the mandated public bidding and allowing unauthorized construction activities without the necessary permits.
- Prosecution witnesses testified that OCDC's plans were disapproved by the Technical Committee due to potential harm to the Intramuros Walls and violation of conservation laws.
- Despite this disapproval, OCDC began construction, leading to alterations that jeopardized the integrity of the heritage site.
- Ferrer was accused of failing to act o