Former Intramuros Administration chief convicted of graft

Aformer administrator of the Intramuros Administration (IA) has been convicted by the Sandiganbayan Second Division of graft and sentenced to a minimum of six years and one month to a maximum of 10 years imprisonment.

Aside from the prison term, former IA administrator Dominador C. Ferrer Jr. was also sentenced to suffer perpetual disqualification from public office.

Ferrer was found guilty beyond reasonable doubt of the crime of violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act due to unwarranted benefits given to Offshore Construction and Development Company on August 20, 1998.

Ferrer caused the award of the lease contracts of Baluarte de San Andres, Ravellin de Recoletos, and Baluarte de San Francisco de Dilao– all within Intramuros – to the company without conducting public bidding.

He did this despite the issuance of a joint circular dated September 30, 1989 by the Department of Budget and Management (DBM), Department of Environment and Natural Resources (DENR), and Department of Public Works and Highways (DPWH) requiring bidding.

Ferrer was also faulted for allowing the construction of new structures in the leased areas without any building permit or clearance, which is required under the Intramuros charter and the National Building Code. As a result, damage and prejudice of public interest was caused.

The anti-graft court ruled in its 27-page decision that Ferrer acted with gross inexcusable negligence in allowing the lessee to develop and construct on the leased premises, even if their compliance with requirements remained deficient.

Based on his testimony, the court also deduced that Ferrer had knowledge that his actions were “incontravention of his duties under the Intramuros Charter.”

As the executive officer of the IA, Ferrer was responsible for ensuring the maintenance and upkeep of the walls, including the ravelins and other public areas within Intramuros. The court said he should have taken the lead in enforcing regulations, standards, and guidelines governing land use and development within the area.

“The accused cannot just conveniently shun liability by pointing responsibility to the lessee because, as lessor and – more importantly – as vanguard of properties belonging to the national heritage, he was equally burdened with the task of ascertaining that all necessary government permits and clearances were secured beforehand,” the decision read.

It was penned by Chairman Oscar Herrera Jr. and concurred in by Associate Justices Michael Frederick Musngi and Lorifel Pahimna.