Kentex owner moves for dismissal of graft, homicide raps

The owner of Kentex Manufacturing Corporation on Thursday moved for the dismissal of his graft and multiple homicide cases at the Sandiganbayan after the same charges were junked by the Department of Justice (DOJ).

In an 18-page quashal motion, Terrence King Ong said the DOJ has dismissed the reckless imprudence resulting to multiple homicides and multiple physical injuries complaint against him for lack of evidence.

"The Department of Justice has already issued a resolution which dismissed this case of reckless imprudence resulting to multiple homicides and multiple physical injuries against Ong King Guan a.k.a. Terrence King Ong for utter lack of evidence to establish probable cause for the offenses therein charged," Ong's motion read.

Ong said he is also facing the same charges of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act before Branch 292 of the Regional Trial Court of Valenzuela City where he pleaded not guilty.

He said trying him again for graft at the Sandiganbayan would place his case in double jeopardy.

"To Try him again for the same offense of violation of Section 3(e), RA No. 3019 would be placing him in double jeopardy. Hence, this case against him for violation of Section 3(e), RA No. 3019 should now be quashed," the motion said.

Ong was among those indicted by the Office of the Ombudsman in connection with the 2015 Kentex factory fire that killed 74 workers. The Sandiganbayan had earlier dismissed the case of his co-accused, then-Mayor Rex Gatchalian.

Gatchalian was indicted 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. —KBK, GMA News