SC affirms dismissal of cases vs Rex Gatchalian over Kentex fire

The Supreme Court (SC) has affirmed the dismissal of criminal and administrative charges against Valenzuela City Mayor Rex Gatchalian over the Kentex factory fire that killed 74 workers in May 2015.

Also cleared along with Gatchalian were city government officials Renchi May Padayao and Eduardo Carreon, the SC First Division said in a decision dated February 10, but was made public this week.

In junking the appeal of state prosecutors, the SC said the Sandiganbayan correctly dismissed in 2016 the multiple homicide and graft charges for lack of probable cause.

The justices also backed the Court of Appeals’ decision dismissing the administrative cases for grave misconduct and gross neglect of duty against Gatchalian.

Gatchalian, Padayao, and Carreon were charged for issuing business permits to Kentex for the years 2014 and 2015 despite its delinquent status and without requiring a Fire Safety Inspection Certificate.

But the SC said there was "no direct causal connection between the issuance of the business permit and the fire which resulted [in] the death and injury of the victims."

“On the other hand, there is no showing that Kentex was given undue advantage, preference or any unwarranted benefits. It is not shown that with respect to Kentex, the LGU (local government unit) of Valenzuela deviated from the procedures applied to other business establishments," the decision read.

It also said there is no evidence on record to show that the three officials were aware of the delinquent status of Kentex.

“Therefore, in issuing business permits to Kentex, the City Government of Valenzuela merely followed the procedure laid down in Joint Memorandum Circular No. 1, Ordinance No. 62, and other administrative issuances of the BFP (Bureau of Fire Protection) and DILG (Department of the Interior and Local Government),” the SC said.

Associate Justice Rodil Zalameda wrote the decision, with concurrences from then Chief Justice Diosdado Peralta and Justices Alfredo Benjamin Caguioa, Rosmari Carandang, and Samuel Gaerlan.—AOL, GMA News