G.R. No. 240209, June 10, 2019
DOMINADOR C. FERRER, JR., PETITIONER, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.
D E C I S I O N
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari1 are the Decision2 dated May 11, 2018 and the Resolution3 dated June 18, 2018 of the Sandiganbayan (SB) in Crim. Case No. 26546, which found petitioner Dominador C. Ferrer, Jr. (Ferrer) guilty beyond reasonable doubt of violation of Section 3 (e) of Republic Act No. (RA) 3019,4 entitled the "Anti-Graft and Corrupt Practices Act."
That, on or about August 20; 1998 or for sometime (sic) prior or subsequent thereto, in Manila, Philippines, and within the jurisdiction of this Honorable Court, DOMINADOR C. FERRER, JR., being the Administrator of the Intramuros Administration (IA), Manila, while in the performance of his official and administrative functions as such, and acting with manifest partiality, evident bad faith and gross inexcusable negligence, did then and there, willfully, unlawfully and criminally give unwarranted benefits to Offshore Construction and Development Company, by causing the award of the Lease Contracts to said company, involving Baluarte de San Andres, R[e]vellin de Recolletos, and Baluarte de San Francisco de Dilao, Intramuros, Manila, without conducting any public bidding as required under Joint Circular No. 1 dated September 30, 1989 of the Department of Budget and Management, Department of Environment and Natural Resources and Department of Public Works and Highways, and by allowing the construction of new structures in said leased areas without any building permit or clearance required under the Intramuros Charter (P.D. 1616) and the National Building Code, to the damage and prejudice of public interest.The prosecution alleged that Ferrer, then Administrator of the Intramuros Administration (IA), gave unwarranted benefits to Offshore Construction and Development Company (OCDC) when he: (a) awarded to it three (3) contracts of lease covering three (3) areas7 in Intramuros without any public bidding; and (b) allowed OCDC to construct new structures without a building permit or clearance as required under the Intramuros Charter and the National Building Code.8 The prosecution's witnesses testified that in August 1998, OCDC presented plans to the Technical Committee (Committee) – whose favorable recommendation is required before a building permit can be processed – for the development of structures on top of the Intramuros Walls. However, the plans were disapproved because they would impair the Walls? integrity and violate the laws relating to the conservation of heritage sites. Notwithstanding the Committee's disapproval, and without their knowledge, OCDC commenced construction in the leased areas.9 Later on, the Committee inspected the areas and found that air conditioning units had been installed through the Walls, that nails bored through them, and that the concrete added to put up a mezzanine was damaging the same. Seeing the unauthorized construction activities, they asked for building permits but OCDC could not produce any.10 Thereafter, the matter was reported to then Department of Tourism (DoT) Secretary Gemma Cruz-Araneta (Secretary Cruz-Araneta), to Ferrer as Administrator, and to the Urban Planning and Community Development Division. In his testimony, Victor B. Reyes (Reyes), then head of the Urban Planning and Community Development Division, confirmed that OCDC was not among those listed as recipients of building permits, and testified that his office prepared a Notice of Violation addressed to OCDC which Ferrer was supposed to sign but did not. This prompted their division to prepare a letter requiring OCDC to cease construction activities and to secure the necessary building permits. Reyes also confirmed that OCDG applied for development clearances, which were then issued to them upon Ferrer's instruction.11
CONTRARY TO LAW.6
Section 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:As may be gleaned above, the elements of violation of Section 3 (e) of RA 3019 are as follows: (a) that the accused must be a public officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); (b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and (c) that his action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his functions.20
x x x x
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Endnotes:
* On leave.
1Rollo, pp. 3-16.
2 Id. at 17-43. Penned by Associate Justice Oscar C. Herrera, Jr. with Associate Justices Michael Frederick L. Musngi and Lorifel L. Pahimna, concurring.
3 See minute resolution; id. at 45.
4 (August 17, 1960).
5 Not attached to the rollo.
6 Referenced in the SB's Decision dated May 11, 2018; see rollo, pp. 17-18.
7See Contracts of Lease dated August 20, 1998 covering Baluarte de San Andres (id. at 66-67), Revell in de Recoletos (id. at 46-55), and Baluarte de San Francsico de Dilao (id. at 56-65).
8 See id. at 17-18.
9 See id. at 23-24.
10 See id. at 23.
11 See id. at 25-26.
12 Id. at 19.
13 See id. at 28-29. Notably, OCDC applied for clearances for the three (3) areas only on October 13, 1998 when construction was already ongoing, and the developmental clearances were approved merely two (2) days after or on October 15, 1998 (see id. at 37).
14 Id. at 17-43.
15 Id. at 42.
16The SB rejected the prosecutor's view that public bidding was necessary before the IA can award lease contracts. It stressed that the mere fact that OCDC is a construction company does not change the nature of the contracts entered into (i.e., lease) and that whatever improvements or modifications made on the leased properties were only incidents arising from such lease. (See id. at 33-36.)
17 The SB listed his specific infractions: (i) in a Letter dated August 19, 1998, granted OCDC access to the leased premises even before the lease contract was executed; (ii) failed to act despite being apprised as early as September 1998 of violations committed by OCDC; and (iii) hurriedly issued the development clearances to OCDC in October 1998 when construction was already ongoing. (See id. at 41.)
18 Dated May 25, 2018; not attached to the rollo.
19Rollo, p. 45.
20 See Cambe v. Ombudsman, 802 Phil. 190, 216-217 (2016), citing Presidential Commission on Good Government v. Navarra-Gutierrez, 772 Phil. 91, 102 (2015).
21 See rollo, pp. 37-41.
22 Id. at 9; emphases supplied.
23 See id.
24 Id. at 37.
25 Id. at 52, 62, and 72; emphases supplied.
26 See id. at 37.
27 Coloma, Jr. v. Sandiganbayan, 744 Phil. 214, 229 (2014); emphasis supplied.
28 See Cahulogan v. People, G.R. No. 225695, March 21, 2018, citing Peralta v. People, G.R. No. 221991, August 30, 2017.
29Lihaylihay v. People, 715 Phil. 722, 728 (20 13); citations omitted.