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THE
Department of Justice (DOJ) has found probable cause to
indict three building engineers and five employees for
reckless imprudence resulting in multiple homicide and
gross negligence in connection with the October 19,
2007, blast that destroyed Glorietta 2 in Makati City,
that left 11 persons dead and more than 100 others
injured.
Charges
will be filed before the Regional Trial Court in Makati
City against 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.
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 3019, the
Antigraft and Corrupt Practices Act, against Fire
Officer (FO) 4 Anthony Grey, FO2 Leonilo Balais and
Senior Insp. Reynaldo Enoc of the Makati Fire Station.
The DOJ panel of investigators cleared Ayala Property
Management Corp. (APMC) of any responsibility in the
blast on the ground that it was a mere lessor.
“It is
undeniable,” the panel said, “that the Makati
Supermarket Building [MSB] is owned by the Makati
Supermarket Corp. [MSC]. The subject building where the
blast occurred was erected on a land owned by the Ayala
Land Inc. [ALI] leased to MSC from 1988 to 2011.”
As
building owner, the panel stressed, MSC is responsible
for the installation (of facilities) and maintenance of
the building.
“While
APMC acts as the authorized agent of ALI in some of the
latter’s dealings with MSC on technical matters, APMC,
which employs engineers Botenes, Velvez and Gonzalez,
has no service contract directly with MSC,” the panel
said in clearing the Ayala management.
“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 added.
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 the survivors.
The National Police’s Multi-Agency Investigation Task
Force, chaired by Chief Supt. Luizo Ticman, filed the
complaint against the MSC personnel and the firefighters
in January after its investigation showed that the blast
was not a terrorist attack but was caused by a leaking
methane and diesel vapors in the mall’s basement. |
