Tuesday, September 30, 2008 Court orders prosecution of Cherry Hills developers
THE Court of Appeals (CA) on Monday directed the Department of Justice (DOJ) to proceed with the criminal prosecution of the developers of the Cherry Hills Subdivision in Antipolo, Rizal, including its Japanese financier, for the August 1999 landslide that killed 58 villagers.
The CA Third Division denied the petition filed by Tirso Santillan, president of Philjas Corporation, owner and developer of Cherry Hills Subdivision in Barangay San Luis, Antipolo City, seeking a reversal of the resolution of then justice secretary Hernando Perez that ordered their prosecution before the Antipolo Regional Trial Court (RTC).
The assailed DOJ resolution found Santillan, Philjas general manager Hiroshi Ogawa, and assistant general manager Eliezer Rodriguez criminally liable for violation of Presidential Decree 957 (which regulates the sale of subdivision lots and condominiums) in relation to Batas Pambansa (BP) 220 (which set standards and technical requirements for economic and socialized housing).
Perez's resolution reversed the findings of the Antipolo City Prosecutor's Office, which dismissed the criminal complaints filed by several Cherry Hills residents against the officials of Philjas.
Justice Secretary Raul Gonzalez Sr., in a resolution issued on May 6, 2008, affirmed Perez's findings and denied the motion for reconsideration filed by Philjas' officials.
In a 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 information 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 information 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 could not be held liable for the tragedy, as it was an act of God.
The residents, on the other hand, argued that double jeopardy could not be invoked considering that there is no conviction yet under the informations for violations of PD 957. Furthermore, they said that PD 1344 did not vest in the HLURB authority to entertain cases, which are criminal in nature but are merely administrative and civil aspect.
They claimed the petition filed by Philjas officers is intended to delay the speedy prosecution of the cases against them which have been pending since 1999. It noted that Ogawa had jumped bail already.
Court records showed that the HLURB had issued to Philjas a license to sell lots at Cherry Hills and was given until July 1992 to finish the development of the project.
For failure to complete the subdivision project, Philjas was granted an extension until March 1999 within which to finish development.
Upon the complaint lodged by subdivision lot buyers, the housing agency conducted an inspection and discovered that the developer failed to follow the plan in the contract and the needed amenities such as landscaping, entrance gate and water tanks, which were included in their advertisement-leaflets.
On July 12, 1999, subdivision resident Bernardo Velos filed a criminal complaint against Ogawa and Rodriguez before the Antipolo City Prosecutor's Office for violation of PD 957 in relation to BP 220.
On August 3, 1999, tragedy befell the residents of Cherry Hills when a landslide caused widespread destruction and damage to its structures, as well as the death and physical injuries to persons.
This prompted concerned government agencies including a Senate fact-finding committee to investigate whether Philjas officers should be held culpable for the incident, while other residents filed similar complaints against Santillan, Ogawa and Rodriguez.
Both cases were separately dismissed by the Antipolo Prosecutor's Office, but were reversed by the DOJ and held that there was probable cause to indict Santillan and his co-accused. (ECV/Sunnex)
