Graft, reckless imprudence cases filed vs. Rex Gatchalian over Kentex fire

The Office of the Ombudsman has filed cases of graft and reckless imprudence resulting to multiple homicide and multiple physical injuries against Valenzuela City Mayor Rex Gatchalian in connection with the 2015 Kentex factory fire that killed 74 workers.

Gatchalian is facing one count each of violating Sections 3(e) and (j) of Republic Act 3019 or the Anti Graft and Corrupt Practices Act, and a reckless imprudence case.

The mayor is accused of causing undue injury to victims of the Kentex fire in the amount of P3.7 million by giving the factory unwarranted benefits, privilege and preference by issuing a business permit for its operation in 2015 despite its delinquent status and without requiring a fire safety fire inspection certificate, and for failing to revoke its permit when it failed to submit the requirements during the prescribed period.

Gatchalian was also indicted for graft for issuing a business permit to Kentex in 2014 even though it was unqualified to operate due to its failure to possess the requisite fire safety inspection certificate.

In the reckless imprudence case, the Ombudsman said Gatchalian allowed Kentex to operate under hazardous conditions when he issued a business permit to the manufacturing firm and failed to impose the prescribed sanctions under Section 9 of the Revised Fire Code of the Philippines of 2008.

The Ombudsman said Kentex’s continued operations resulted in the deaths of 74 workers in the May 13, 2015 fire and physical injuries to others, leading to actual damage in the amount of P3.7 million. 

Gatchalian’s co-accused in the case for violation of Section 3(e) of RA 3019 are city business processing and licensing office (BPLO) officer in charge Renchi May Padayao, licensing officer IV Eduardo Carreon, and Kentex Manufacturing Corp. General Manager and Treasurer Terence King Ong.

For the violation of Section 3(j) of RA 3019, the mayor’s co-accused are Padayao and Carreon.

Meanwhile, the Ombudsman also charged the following with reckless imprudence resulting in multiple homicide and physical injuries: Padayao, Carreon, Ong, City Fire Marshal Mel Jose Lagan, Senior Fire Inspector Edgrover Oculam, and Senior Fire Officer 2 Rolando Avendan.

Ready to post bail

Later in the afternoon, Gatchalian said they are ready to post preemptive bail in connection with the charges.

In a statement, the mayor said he and other Valenzuela City officials will also act "in defense" of the "anti-graft and corruption program, the 3S Plus, and the practice of almost all of the nation’s LGUs who are merely acting in compliance with the issued JMCs.”

“We are not just defending ourselves in this case,” Gatchalian said.

The 3S (Simple Speed Service Excellence) Plus refers to Valenzuela City's anti-graft and corruption program that aims to promote business in the city by speeding up "all business-related application procedures."

Gatchalian, who said he will "avail all appropriate legal remedies" to defend himself, also brought up "The Robredo Circulars" or  circulars by late interior secretary Jesie Robredo that served as  Valenzuela City's basis for expediting its business permits and licensing system (BPLS).

These circulars also served as Gatchalian's basis for allowing the issuance of business permits to Kentex Manufacturing Corp. and other establishments without a fire safety inspection clearance (FSIC) from the Bureau of Fire Protection. — with Rie Takumi/RSJ/KBK, GMA News