Friday, May 23, 2008 8 Ayala contractors indicted over Glorietta blast
THE Department of Justice (DOJ) has recommended the filing of criminal charges against eight contractors of the Ayala Land, Inc. (ALI) who were held responsible for the October 19, 2007 blast that ripped through the Glorietta Mall 2 in Makati City, leaving 11 persons dead and wounding 108 others.
In a joint-resolution, the DOJ's Task Force Glorietta led by Senior State Prosecutor Leo Dacera found probable cause to charge with reckless imprudence resulting to multiple homicide and gross negligence Candelario Valdueza, Makati Supermarket Corp. (MSC) project engineer; Clifford Arriola, operations manager of Marchem Industrial Sales and Services Inc; Ricardo Cruz, operations manager of Metalline, electricity contractor; Joselito Buenaventura, Marchem supervisor; and its maintenance personnel Charlie Nepomuceno, Jonathan Ibuna, Juan Ricafort and Miguel Velasco Jr.
"Calibrating the evidence adduced by the parties vis-à-vis the above concept of reckless imprudence and test of criminal negligence, the panel finds and so holds that the quantum of evidence to warrant a finding of probable cause for reckless imprudence resulting in homicide and physical injuries has been sufficiently met," the DOJ panel held.
The DOJ however dismissed criminal charges against Marcelo Botenes, building engineer; Jowel Velvez, building administrator; and Arnel Gonzales, building manager. It likewise recommended the dismissal of the charges for violation of Republic Act (RA) 3019 (anti-graft law) against Fire Officer 4 Anthony Grey, FO2 Leonilo Balais and Senior Inspector Reynaldo Enoc.
The task force cleared ALI and its sub-company, Ayala Properties Management Corp. (APMC), of liability on the ground that it was a mere lessor. It added that in the aftermath of the tragedy, ALI and APMC "voluntarily extended assistance to the victims by defraying the cost of medical bills, funeral and burial expenses of those who perished and survivors.
On the other hand, as building owner leasing the land owned by Ayala, MSC is responsible for the installation and maintenance of the building from 1988 to 2011.
The panel said by nature of his position relating to the management of the Makati Supermarket building, including the basement where the blast occurred, it cannot be disputed that if only Valdueza and other respondents had exercised reasonable care and precaution in the discharge of his functions, the factors that contributed to biogas explosion could have been avoided.
"Given the foregoing, Valdueza cannot exculpate himself by the simple expediency that MSC has long before surrendered the management, control and administration of Glorietta 2 premises to ALI, which in turn delegated such control to APMC. The integration of the building into Glorietta 2 notwithstanding, MSC, as owner of the building, remains to be directly responsible for the proper maintenance and upkeep of its facilities and utilities," the resolution stated.
The prosecutors further claimed that the poor maintenance of the sewer/sump pits, thereby allowing methane gas to accumulate; storage of diesel in the basement without mechanical ventilation; and use of jumpers on safety fuse, circuit breakers and possible igniters, all led them to believe that standard safety measures and generally accepted practices have been breached.
The task force further claimed that all government permits for building, electrical, mechanical, plumbing and sanitary, are all in the name of MSC, which has paid all the fees. It pointed out that none of the equipment in the MSC basement is owned, supplied or designed by ALI or APMC as these equipment service only the MSC building.
The Philippine National Police (PNP)'s Multi-Agency Investigation Task Force (MAITF) chaired by Chief Superintendent Luizo Ticman filed the complaint against the MSC personnel and firefighters in January after ruling out that the explosion was caused by leaking methane and diesel vapors in the mall's basement and not a terrorist bomb attack. (ECV/Sunnex)
