CA orders DOJ to proceed with prosecution of Cherry Hills developers

MANILA, Philippines - The Court of Appeals on Monday gave the Justice department the go-signal to proceed with the criminal prosecution of the developers of Cherry Hills subdivision in Antipolo City for the August 1999 landslide that killed dozens of its residents. This was after the CA Third Division denied the petition filed by Tirso Santillan, president of Philjas Corporation, owner and developer of Cherry Hills, seeking a reversal of a DOJ resolution that ordered their prosecution before the Antipolo regional trial court. The assailed DOJ resolution, issued by then Justice secretary Hernando Perez, found Santillan, Philjas general manager Hiroshi Ogawa, and assistant general manager Eliezer Rodriguez criminally liable for violation of Presidential Decree 957 in relation to Batas Pambansa Blg. 220. Presidential Decree 957 regulates the sale of subdivision lots and condominiums, while Batas Pambansa Blg. 220 sets the standards and technical requirements for economic and socialized housing. Perez’s resolution reversed the findings of the Antipolo City Prosecutor’s Office that dismissed the criminal complaints filed by several Cherry Hills residents against the officials of Philjas. Justice Secretary Raul Gonzalez, in a resolution issued on May 6, 2008, affirmed Perez’s findings and denied the motion for reconsideration filed by Philjas’ officials. In a 15-page decision penned by Associate Justice Martin Villarama Jr, the CA held that there was no grave abuse of discretion on the part of the DOJ in ordering the filing of informations against Santillan and his co-accused. “The abuse of discretion must be grave as where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility and must be so patent and gross as to amount to an evasion or refusal to perform a duty. No such abuse of discretion was committed by respondent Secretary of Justice in denying petitioner’s motion for reconsideration,” the CA ruled. The appellate court added that the prosecution of a crime or an act of omission, being an offense against the State pursuant to PD 957, is a function that belongs to the State through the public prosecutors. In its petition before the CA, Santillan questioned the validity of the informations which the DOJ has ordered to be filed in court, arguing that they cannot be prosecuted for as many counts for the same offense arising from the same set of facts as it violates their rights to double jeopardy. Santillan added that the DOJ has no jurisdiction to determine violations of PD 957 but the Housing and Land Use Regulatory Board (HLURB) which has primary jurisdiction to determine violations of housing and subdivision laws. He further alleged that they cannot be held liable for the tragedy as it was “an act of God.” - GMANews.TV