Ex-Intramuros administrator gets 10 years for anomalous lease deals

Almost 20 years after his indictment, the Sandiganbayan has convicted former Intramuros administrator Dominador Ferrer Jr. of graft over the alleged anomalous lease of three properties in Manila's famous Walled City.

In a 27-page decision, the Second Division found Ferrer "guilty beyond reasonable doubt" of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and sentenced him to a minimum imprisonment of six years and one month to a maximum of 10 years. He is also perpetually barred from holding public office.

Ombudsman prosecutors charged Ferrer in 2001 after he allegedly favored Offshore Construction and Development Company (OCDC) in the awarding of lease contracts for the Baluarte de San Andres, Ravellin de Recolletos, and Baluarte de San Francisco de Dilao without the conduct of a public bidding.

Ferrer also supposedly allowed the construction of new structures in the leased properties without any building permit or clearance required under the Intramuros Charter and the National Building Code.

Ferrer testified that there had been no public biddings undertaken by Intramuros Administration (IA) since its inception, while pertinent clearances under the Intramuros Charter were issued to OCDC. He also pointed to OCDC as the firm responsible in securing building permits.

The Sandiganbayan said Presidential Decree No. 1616, which created the IA and transferred the administration of public properties in Intramuros under its supervision, allows the agency to enter lease agreements without public bidding as required in the Manual on Building Services and Real Property Management.

However, on the lack of permits and clearances, the Sandiganbayan said Ferrer already allowed OCDC to implement its lease agreement two months before its development clearances was approved and issued in October 1998.

"The failure to secure a Building Permit prior to the commencement of construction activities, as required by law, is bolstered by the absence of OCDC in the list of recipients of such permits for calendar years 1997 and 1998," the decision read.

It added that Ferrer basically admitted his negligence of duty during his testimony in court when he said OCDC was allowed to develop its leased areas even without its full compliance with requirements.

"As the Executive Officer of the Intramuros Administration, his bounden duty was to ensure the maintenance and upkeep of the Walls, including the ravelins and other public areas within Intramuros, and to take the lead in enforcing the regulations, standards and guidelines governing land use and development within the Administration's area of jurisdiction," the Sandiganbayan said.

The Sandiganbayan said Ferrer, which it called the "vanguard of properties belonging to the national heritage," shares a joint responsibility with OCDC for the need to secure government permits and clearances.

Division chairperson Associate Justice Oscar Herrera Jr. penned the decision that was concurred by Associate Justices Michael Frederick Musngi and Lorifel Pahimna. —KBK, GMA News