Sandigan to try 2 BFP execs for Kentex fire

MANILA, Philippines — The Second Division of the Sandiganbayan has upheld its decision to proceed with a full-blown trial of two Bureau of Fire Protection (BFP) officials in connection with the May 2015 Kentex factory fire in Valenzuela City.

In a three-page resolution promulgated on Sept. 18, the Second Division said BFP-Valenzuela fire marshall Mel Jose Lagan and Senior Inspector Edgrover Oculam failed to offer in their motion for reconsideration any new argument that would warrant the reversal of the court’s July 17 resolution, which denied their motion to dismiss the charges of reckless imprudence resulting in multiple homicide and multiple physical injuries against them.

Associate Justices Oscar Herrera Jr. and Lorifel Pahimna concurred with the latest resolution, penned by Associate Justice Michael Frederick Musngi.

The two fire officials argued that the court lost jurisdiction over the case when, on Dec. 13, 2016, it dismissed the charges against the primary accused Valenzuela Mayor Rexlon Gatchalian, Business Permit and Licensing Office officer-in-charge Renchi Padayao and BPLO Officer IV Eduardo Carreon of any liability in the fire that left 74 persons dead.

The court said the alleged negligence of Gatchalian, Padaya and Carreon was not the “proximate cause” of the fire that razed the footwear factory but rather the “molten slags from welding rods that came into contact with Supercell Blowing Agents,” a combustible material.

The Second Division affirmed its ruling on June 8.

In their motion, Lagan and Oculam argued that under Republic Act 10660 or an act strengthening the functional and structural organization of the Sandiganbayan, the anti-graft court has jurisdiction over cases involving public officials with Salary Grade 27 and above.

Lagan has a Salary Grade of 25 and Oculam, 23.

The Second Division said the case still falls within its jurisdiction as Lagan was a city department head, as defined under RA 8249 or an act further defining the jurisdiction of the Sandiganbayan.

The court also dismissed Lagan and Oculam’s claim that there is no probable cause to charge them with reckless imprudence as they “actually refused the issuance of an FSIC (fire safety inspection certificate) and even directed Kentex to remedy its violations of the Fire Code.”

The court said there is sufficient ground to try Lagan and Oculam as they possibly violated Section 5 of the Fire Code, which mandates the BFP to inform the local government unit of the compliance or non-compliance of an establishment with fire safety standards.