Friday, December 29, 2006 Mine firm owner's wife dropped from blast charges By Ben O. Tesiorna
THE Department of Justice cleared Nene L. Abejar from the criminal charge filed against her and the board of directors of the JB Management Mining Corporation (JBMMC) in connection with the explosion that occurred in one of its tunnels.
In an order dated December 15 2006, Prosecutor Alejandro Enriquez dropped Abejar's name from the information as one of the respondents in the "Reckless Imprudence Resulting to Multiple Homicide with Multiple Serious Physical Injuries" case.
Abejar is the common-law-wife of the late Monkayo mayor Joel Brillantes who owns JBMMC.
Enriquez dropped Abejar as one of the respondents after she showed proof that she was no longer a member of the board of directors of JBMMC when the explosion inside the Sunshine tunnel happened on October 26, 2005.
Abejar claimed that on February 8, 2005 she was "ousted by her co-respondents from the JBMMC board of directors."
"Thus her direct, active involvement and participation in policy direction, operation and management of the mining operations of the said mining company ceased, that on October 26, 2005, she was no longer an officer thereof," Enriquez ruled.
The prosecutor however recommended the continuance of the filing of formal charges against the other directors of JBMMC identified as Joselito Brillantes, Willy Cabrera, Julius Herrera, Janet Diel, Rowhilda Madalogdog, Ruben Abarquez, Raymundo Española, engineers Angelo Sancio and Aquino.
The nine remaining respondents were held responsible for the death of 16 miners and the injury of eight others during an explosion inside the Sunshine Tunnel owned and operated by JBMMC in the evening of October 26 last year.
The explosion was said to have been caused by the "keeping and maintaining of explosive magazine inside the said tunnel."
The respondents earlier alleged that there is no complaint in the instant case and that the information filed by the Criminal Investigation and Detection Group (CIDG) "is not a complaint and neither does the CIDG appear to be the complainant instituting a criminal complaint."
They also alleged that there is no direct evidence linking the explosion and the resultant deaths and injuries to illegal possession of explosives, as there is no proof establishing possession.
The respondents added that the surviving spouses and relatives of the victims have all signed "affidavit of quitclaim," absolving them of any criminal liability.
The prosecution office however said that under Section 1 of Rule 110 of the Revised Penal Code of Criminal Procedure, "a criminal action shall be instituted by either a complaint or information."
Enriquez said that since "this instant action was instituted by an information (filed by CIDG)" then a complainant is not necessary.
Enriquez also said the allegation that the heirs of the victims signed affidavits of quitclaim "only absolves the respondents of civil liability while the criminal liability remains."
As to the claim that the explosion was an accident beyond anyone's control, Enriquez said, "accidents do not just happen, they are caused to happen."
"Reckless imprudence consists in doing or failing to do an act, voluntarily but without malice, from which material damage results be reason of inexcusable lack of precaution, which is apparent in the instant case," he said.
