DOJ panel OKs raps vs. Valenzuela mayor, others over Kentex fire

Justice Secretary Leila de Lima later clarified that the recommendations made by the special panel would still undergo a preliminary investigation by the DOJ, which would decide whether cases would be filed in court.

 

Recommended charged with multiple homicide and multiple physical injuries under Article 365 of the Revised Penal Code were:

 

 

The DOJ said other responsible managers, officials, owners of Kentex, such as Ong King Guan and Beato Ang, would also be charged "in the event that further investigation on their management responsibilities and administrative functions reveals equal culpability on the safety of the establishment together with Terrece King Ong."

Meanwhile, recommended charged for violation of Section 11.2.a (4) and (5) of Republic Act 9514 of the Fire Code of the Philippines were:

- Mayor Gatchalian
- Atty. Renchi May Padayao, officer-in-charge of the Business Permit and Licensing Office (BPLO) of Valenzuela City
- Eduardo Carreon, licensing officer IV of BPLO Valenzuela

Recommended charged for violation of Section 11.2.a (1) and (8) of the Fire Code were:

- Fire Supt. Mel Jose Lagan, Valenzuela City Fire Marshal
- F/SInsp. Edgrover Oculam, chief of the Fire Safety Enforcement Section of the Valenzuela City Fire Station
- SFO2 Rolando Avendan, fire safety inspector of the Valenzuela City Fire Station

Separate charges were recommended filed against Gatchalian, Padayao, Carreon, Lagan, Oculam and Avendan for violation of Section 3 (3) of RA 3019 or the Anti-Graft and Corrupt Practices Act.

The six were also recommended charged with administrative charges, the DOJ said.

More probe

The DOJ Special Panel has also recommended further investigation on possible liabilities of involved Department of Labor and Employment-National Capital Region officials for their issuance of a certificate of compliance in September 14 in favor of Kentex, "notwithstanding the violation of pertinent labor laws and DOLE's own Occupational Safety and Health Hazard."

 

The prosecutors and government lawyers, who made up the team of investigators, earlier sought to find out if there were violations of the Revised Penal Code, the Revised Fire Code (RA 9514), the

Anti-Graft and Corrupt Practices Act (RA 3019), the Revised Administrative Code, the Civil Service Law, the Local Government Code, and other relevant laws.

 

Making up the team were Senior Assistant State Prosecutor Roberto Lao, Assistant State Prosecutor Olivia Torrevillas, ASP Ma. Cristina Barot, State Counsel III Margarette Robles, SC II Consuelo Corazon Iazzuacan, and SC I Dioxenos Sulit.

 

The team earlier reviewed all relevant official government reports on the incident, primarily that of the IATF, as well as that of the Department of Interior and Local Government and other relevant official reports.

 

The team assessed and evaluated the available documentary, testimonial, and object evidence so far gathered in the investigation and provided by the investigating agencies to determine the

sufficiency of the filing of the appropriate criminal and administrative cases.

 

The panel also made further inquiry from the investigating agency, specifically the IATF, on the acquisition of additional evidence necessary for the case build-up.

 

The team also identified the specific private individuals and public officials who shall be charged, with an enumeration of the evidence to be used for each case against each individual.

He said that Valenzuela local government officials may be charged with reckless imprudence resulting in multiple homicide and falsification of documents due to the tragedy.

 

Aquino pointed out that the Valenzuela City government should not have issued a business permit to factory owner Kentex Manufacturing Corporation without the required fire safety inspection certificate. —with Joseph Morong/KG/KBK/RSJ, GMA News