Sandiganbayan affirms dismissal of charges vs. Rex Gatchalian over Kentex fire

The Sandiganbayan has affirmed its dismissal of the multiple homicide and graft charges against Valenzuela City Mayor Rex Gatchalian over the May 2015 Kentex factory fire which left 74 workers dead.

In an eight-page resolution, the anti-graft court’s Second Division denied the prosecution’s motion for reconsideration on the December 2016 resolution clearing Gatchalian, city business processing and licensing office (BPLO) officer in charge Renchi May Padayao and licensing officer Eduardo Carreon of their charges.

Gatchalian and his co-accused were charged with two counts of graft and one count of reckless imprudence resulting to multiple homicide and multiple physical injuries for issuing a business permit to Kentex for the years 2014 and 2015 despite its delinquent status and without requiring a Fire Safety Inspection Certificate.

The court, however, said the prosecution’s arguments in its motion were a “mere rehash” of what the court had already resolved in its earlier resolution.

The court reiterated that there was no probable cause to charge Gatchalian and his co-accused with violation of Section 3(e) of RA 3019, or the Anti-Graft and Corrupt Practices Act.

“The records do not show that the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence. The accused merely followed the existing memorandum circulars and ordinances on the streamlined procedure for the issuance of business permits,” the court’s resolution read.

The court added that the Valenzuela City Regional Trial Court Branch 171 declared valid the city’s Ordinance No. 62, series of 2012, which allowed companies to comply with FSIC after the city hall issued the business permits.

The prosecution argued that Section 4 and 6 of Ordinance No. 62 provides for a post-auditing scheme where inspection will be conducted to see if business owners comply with the regulatory measures and requirements, including fire safety inspection permits.

But quoting the Valenzuela RTC ruling, the court said that “without compromising public safety, since prompt, routinary and periodic inspection were required to be conducted throughout the year, these issuances allowed the issuance of business permit and the later presentation of FSIC.”

The court also said that the accused were not the primary officials to implement the provisions of the Fire Code.

“[I]t is the BFP (Bureau of Fire Protection), not the accused, who is primarily responsible for the implementation of the FSIC and has the obligation to inform the Local Government Unit officials of the compliance or any violation of the establishments with the requirements of the Fire Code,” the resolution read.

As to the existence of probable cause against the accused for violating Section 3(j) of RA 3019, the court reiterated its ruling that they only followed the procedure stated in Ordinance No. 62, “where issuance of an FSIC is not a condition precedent for the issuance of business permits in Valenzuela City.”

The court also said that in order for probable cause to exist against the accused for reckless imprudence resulting in multiple homicide and multiple physical injuries, negligence must be the proximate cause of the injury.

“The IATF (Inter-Agency Task Force) Report states that the proximate cause of the Kentex Fire was the molten slags from the welding rod which came into contact with one of the sacks of SBA. Accordingly, there is no causal connection between the fire and the damage that occurred and the acts allegedly committed by the accused,” the resolution read. — RSJ, GMA News