Saturday, March 29, 2008 Sandiganbayan ordered to try FG Arroyo crony for graft
THE Supreme Court (SC) on Friday directed the Sandiganbayan to proceed with the arraignment and trial of Dominador Ferrer, former Intramuros administrator and crony of First Gentleman Jose Miguel "Mike" Arroyo, who was charged with graft for allegedly leasing portions of the historic domain to private firms without proper public bidding.
Ferrer was one of the few officials in the Estrada administration who managed to retain his position because of his friendship with the presidential spouse. However, he was removed from office when Arroyo fell ill.
In a decision penned by Associate Justice Alicia Austria-Martinez, the SC Third Division likewise admonished Ferrer not to engage further in delaying tactics at the continuation of the proceedings before the anti-graft court.
"Petitioner's tactics to delay his arraignment and trial cannot be countenanced. In utter contempt of the court's efforts to expedite all judicial proceedings, he has filed a petition, which merely raises issues that have long been resolved with finality. By so doing, petitioner has gone beyond merely exhausting his available remedies and trodden in the realm of abusing legal processes," the court said.
The SC rejected Ferrer's arguments that the Sandiganbayan should have dismissed the criminal case filed against him since the alleged wrongful acts complained of are the same as those alleged in the administrative case against him, which have already been dismissed.
The high court said the dismissal of an administrative case does not necessarily bar the filing of a criminal prosecution for the same or similar acts, which were the subject of the administrative complaint.
"To sustain petitioner's arguments will be to require the Sandiganbayan and the Office of the Ombudsman to merely adopt the results of administrative investigations which would not only diminish the powers and duties of these constitutional offices, but also violate the independent nature of criminal and administrative cases against public officials," the court ruled.
The SC said the independent nature of a criminal prosecution dictates that the graft court must determine petitioner's criminal liability "without its hands being tied by what transpired in the administrative case."
Under the Rules of Court, petitioner's absolution from administrative liability is not even one of the grounds for a motion to quash, the court said. It added that when the court obtains jurisdiction over a case, it continues to retain it until the case is terminated.
Court records showed that the private firms commissioned by Ferrer have started to build structures within the centuries-old preservation, which is considered a special tourism zone.
Ferrer filed the case seeking to annul resolutions of the Sandiganbayan Second Division dated July 2, 2003 which denied his motion for re-determination of probable cause.
The criminal information against Ferrer was filed on January 29, 2001, for violation of Section 3 (e) of Republic Act 3019 involving a transaction on or about August 20, 1998 involving Ferrer while he was administrator of the Intramuros compound.
Prosecutors said Ferrer "acting with manifest partiality, evident bad faith and gross inexcusable negligence. Criminally gave unwarranted benefits to Offshore Construction and Development Company, by causing the award of the lease contracts to the said company."
The lease in areas in Intramuros known as Baluarte de San Andres, Ravellin de Recolletos, and Baluarte de San Francisco de Dilao was done without conducting any public bidding as required under Joint Circular No. 1 dated September 30, 1989 of the budget, environment and public works departments.
Ferrer also allowed the construction of new structures in said leased areas without any building permit or clearance required under the Intramuros Charter (Presidential Decree 1616) and the National Building Code.
On May 19, 2003, before he can be arraigned, Ferrer filed a motion with the Sandiganbayan invoking the ruling of the Office of the President (OP) dated February 29, 2000, which absolved him of administrative liability.
The OP reviewed the administrative case filed against Ferrer with the Presidential Commission Against Graft and Corruption and held that the accused acted in good faith and within the scope of his authority.
Aggrieved by the Sandiganbayan decision, Ferrer elevated the case to the high court. (ECV/Sunnex)
