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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 58 -
MPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON MR. DOMINADOR C.
FERRER, JR., ADMINISTRATOR, INTRAMUROS ADMINISTRATION This resolves the anonymous
letter-complaint dated April 24, 1999, filed before the Presidential
Commission Against Graft and Corruption, now the Presidential
Anti-Graft Commission (PAGC), against Dominador C. Ferrer, Jr.,
Administrator, Intramuros Administration (IA), for contracting a loan
of money from a person with whom his office has business relations. "That
in connection with the celebration of the 20th Anniversary of the
Intramuros Administration (IA), Mr. April "Boy" Regino was engaged to
render a one-hour concert on April 11, 1999, . . . that in order to . .promote the celebration, . . . three (3) media people were invited to
attend . . . the ceremonial contract signing . . . between April "Boy"
Regino and the Intramuros Administration, on April 9, 1999 . . ., that
after the said press conference, respondent asked Ms. Gloria dela Cruz,. . secretary-on detail . . ., if she still had a cash advance in her
possession and having been answered in the negative, . . . directed Ms.
Dela Cruz '. . . to borrow the amount of P3,000.00 from . . . Eddie
Eugenio . . . to give to certain media people, and that he will repay
the same on Monday'; that as directed . . . Ms. Dela Cruz had Mr. Eddie
Eugenio, who manages and operates the Fort Santiago Parking Area,
called . . . on same day, Mr. Eddie Eugenio personally delivered to Ms.
Dela Cruz in the Office of the IA Administrator "the amount of
P3,000.00 . . . Ms. Dela Cruz "in turn delivered the same amount to Ms.
S. Martinez-Ching, Chief, Tourism Marketing and Promotions Division,
who was in the conference room at the time" . . .; that Ms. S.
Martinez-Ching, having been "earlier apprised by Ms. Dela Cruz that the
aforesaid amount of P3,000.00 was borrowed by Administrator Ferrer from
Mr. Eduardo Eugenio . . ." and "in line with the suggestion earlier
given to administrator Ferrer by Ms. Cecile Villareal of DOT-OTI, . . .
put the amount inside three (3) envelopes at P1,000.00 each and gave
each envelope to the three (3) media men who were present during the
contract-signing ceremony . . .; and that the following Monday, April
12, 1999, respondent ". . . paid the same amount from his own pocket,
in violation of the provisions of Sec. 22(k), Rule XIV of the
Omnibus Rules Implementing Book V of Executive Order No. 292, and other
pertinent Civil Service Laws and Sec. 7(d) in relation to Sec. 11(b) of R.A. No. 6713 (1989). In his Affidavit dated September 8, 1999, respondent: "admits. . in his Memorandum dated March 14, 1999 (sic) . . . that . . . "3
media people attending . . . were paid by the undersigned with his
personal funds loaned from a friend" that he was not referring to Mr.
Eddie Eugenio when he wrote in his "memorandum to the TMPD Chief that I
(sic) paid with my own personal fund the loan secured from a friend for
the 3 media people"; that he "did not know about the commitment of the
Chief of TMPD to give something to the press people who attended the
press conference' but admits having "told dela Cruz to devise ways by
which to meet the obligation, and I (sic) would take charge of it the
first hour of the next working day to get out of this problem"" that he
denies having instructed Ms. Dela Cruz "to borrow P3,000.00 from
Eugenio to be given to the media people. It was her own decision" that
he was shocked to learn . . . that the amount of P3,000.00, which was
paid to the media people, came from Mr. Eddie Eugenio; that after he
"signified" his "ill-sentiment over her borrowing from Eugenio",
respondent "reluctantly give dela Cruz the P3,000.00" and told her to
pay Eugenio immediately "because such practice to my mind would make
him lose respect to the Administration with which he has a dealing";
and that Mesdames dela Cruz and Martinez-Ching, among other IA
officials, have been "harassing" him for the "major shake-up I (sic)
initiated in the interest of the service." Following an investigation, the PCAGC found respondent guilty and recommended the penalty of dismissal, pertinently stating: "The
only issue to be resolved in the case at bar is whether or not the
charge of contracting a loan of money in the amount of P3,000.00 from
Mr. Eduardo Eugenio, operator-contractor of the IA Parking Area, by
respondent Ferrer, through his Secretary, Ms. Gloria dela Cruz, is a
violation of existing . . . laws . . .; The testimony of respondent Ferrer stands uncorroborated since no other witness was presented by the defense to testify. xxx There is absolutely no reason to doubt the declaration of Ms. Gloria dela Cruz . . . since she did not have any ill-motive in giving her testimony or for that matter any direct personal interest to promote or enhance by asking on her own account for the loan from Mr. Eugenio in order to provide incentive to the representatives concerned of the media. On the other hand there is every reason to believe or expect that respondent Ferrer had obvious personal interest to promote through media coverage . . . of the one-hour concert rendered by Mr. April "Boy" Regino on April 11, 1999, for which the respondent had earlier justified and paid a 50% downpayment of P29,250.00 on March 23, 1999. . . respondent . . . by his own admission in the course of his testimony, readily paid the amount of P3,000.00 to Mr. Eugenio through Ms. Dela Cruz, from his own pocket or personal funds, explaining he wanted to avoid any embarrassment regarding the matter. Respondent Ferrer is apparently involved in deception when on one hand he denies having instructed Ms. Gloria dela Cruz to borrow P3,000.00 from Mr. Eduardo Eugenio . . . and on the other he admits in his Affidavit . . ., having to told Ms. Dela Cruz . . . "to devise ways by which to meet the obligation, . . . . Respondent Ferrer appears to be less than candid when he denies in his Affidavit . . . that he "did not know about the commitment of the Chief of TMPD to give something to the press people . . . because he himself in his Memorandum . . . admits having paid the said media people from his "personal funds loaned from a friend." "In
sum, on the basis of the evidence on record . . . respondent is GUILTY
of (1) the grave administrative offense of '(s)oliciting or accepting
directly or indirectly, any . . . loan or . . . any transaction which
may be affected by the functions of his office' which is punishable by
Dismissal for the first offense as provided under section 22(k) of Rule
XIV of the Omnibus Rules Implementing Book V of Executive Order No.
292, and other pertinent Civil Service laws; and (2) the prohibited act
or transaction of soliciting or accepting, 'directly or indirectly, any
gift, gratuity, favor, entertainment, loan or anything of monetary
value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction,
which may be affected by the functions of their office', which is
likewise punishable under Sec. 7(d), in relation to Sec. 11(b) of
Republic Act No. 6713." "Although
it is undeniable that the questioned act of the respondent in the
instant case appears to be an isolated transaction and the amount
involved is comparatively small or insignificant, yet it is likewise
plain and irrefutable that the Commission is not possessed with any
discretion to recommend a penalty other than that of dismissal which is
expressly prescribed in the applicable law, Republic Act No. 6713
(1989), which is malum prohibitum." The findings and conclusions of the PCAGC, supported as they are by substantive evidence on record, commend themselves for concurrence by this Office. Absent showing of grave abuse of discretion, substantiated findings of administrative agencies acting within their area of competence shall be accorded respect if not finality. So it must be in this case. WHEREFORE, premises considered, and as recommended by the PCAGC, respondent Dominador C. Ferrer, Jr., Administrator, Intramuros Administration, is hereby found GUILTY and ordered DISMISSED from the service effective upon his receipt hereof. Done in the City of Manila, this 31st day of January, in the year of Our Lord Two Thousand Three. |
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Since 19.07.98.