Valenzuela Mayor Gatchalian, 7 others face graft raps over Kentex fire  

The Office of the Ombudsman has ordered the filing of graft charges against Valenzuela City Mayor Rex Gatchalian and seven other individuals in connection with the fire that hit Kentex footwear factory in May 2015 and left 74 people dead.

In a joint resolution recently signed by Ombudsman Conchita Carpio-Morales, Gatchalian and his co-accused were ordered charged before the Sandiganbayan with multiple counts of violation of Sections 3(e) and 3(j) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and Reckless Imprudence resulting in multiple homicides and multiple physical injuries.

Aside from Gatchalian, ordered charged with the same offenses were four officials from the Bureau of Fire Protection (BFP):

• City Marshal Mel Jose Lagan,
• Senior Inspector Edgrover Oculam,
• and Fire Safety Inspectors Rolando Avendan and Ramon Maderazo.

Also ordered charged with the same offenses were city officials Renchi May Padayao, acting officer-in-charge of the City's Business Permits and Licensing Office (BPLO) and Eduardo Carreon, BPLO licensing officer as well as private individual Ong King Guan (a.k.a. Terence King Ong), owner of Kentex Manufacturing Corporation.

Morales said Gatchalian and the other city officials must be held liable for the issuance of business permits and Fire Safety Inspection Certificates to Kentex despite the company’s several violations of the Fire Code.

Among the fire safety violations that the Ombudsman found out at the course of investigation were Kentex’s failure to install a wet standpipe system, unserviceable extinguishers, lack of automatic fire alarm and sprinkler system, absence of fire exit and failure to conduct fire drills for workers.

The Ombudsman also gave weight on the affidavits of some survivors who testified that during the incident, “Kentex’s exit gates were locked or padlocked; there were no water sprinklers, fire extinguishers or fire alarms; and windows were enclosed with grills.

Morales pointed out that Kentex was inspected twice in 2014 by the BFP Valenzuela, and in both occasions, the company was found incompliant with fire safety measures.

Morales said despite the BFP’s findings and recommendations after both inspections, Gatchalian and the other city officials allowed Kentex to continue operations.

“The respondents’ acts or omissions, taken together, indicate a common understanding among them to turn a blind eye to Kentex’s delinquency and its foreseeable consequences,” the resolution read.

As for private respondent Ong, Morales said “he cannot evade criminal liability for the loss of lives” as “the safety of all persons and all operations within the premises rested upon his shoulders."

In a text message, Ombudsman Public Information and Media Relations Bureau (PIMRB) acting director Rawnsle Lopez said the resolution is still subject to possible filing of motion for reconsideration (MR) by the respondents.

Just last week, Gatchalian confirmed that the Ombudsman has ordered his dismissal from service for administrative offenses of grave misconduct and gross neglect of duty also in connection with the Kentex fire incident.

Gatchalian, however, managed to secure a temporary restraining order (TRO) from the Court of Appeals.

Gatchalian is the spokesperson of the Nationalist People's Coalition (NPC). — RSJ, GMA News