Sandiganbayan clears Kentex exec, Valenzuela fire officials over 2015 factory blaze deaths

The Sandiganbayan has cleared the head of slipper maker Kentex Manufacturing Corporation as well as Valenzuela City fire officials of criminal charges in connection with the May 13, 2015 factory fire that left at least 74 people dead and scores other injured.

In a 60-page decision, the anti-graft court ruled that government prosecutors failed to prove that Terence King Ong—general manager and treasurer of Kentex Manufacturing Corporation—conspired with Valenzuela City officials Mel Jose Paredes Lagan (Valenzuela City Fire Marshall), Edgrover Lim Oculam (Fire Inspector) and Rolando Santiago Avendan (Senior Fire Officer) to commit graft and reckless imprudence resulting in multiple homicides and physical injuries.

“Other than its bare assertion that all the accused conspired with the accused public officials, the prosecution failed to prove that there was indeed a conscious criminal design existing among them in committing the offense charged. The testimonies of the prosecution witnesses and its documentary evidence do not show direct evidence of conspiracy and neither was there sufficient circumstantial evidence to establish the same,” the anti-graft said in its decision dated September 22.

Although Ong was named as the general manager and treasurer of Kentex at the time material to this case,  the Sandiganbayan said that the prosecution’s evidence showed that Ong was not the one coordinating with the Bureau of Fire Protection (BFP) officials during the subject inspections nor was he informed of the violations of fire safety protocols.

“There were no concerted acts by and among the accused which point towards the accomplishment of the same unlawful object. Furthermore, there is no overt act done by accused Ong in furtherance of the alleged reckless imprudence of the accused public officials,” the anti-graft court added.

Likewise, the Sandiganbayan said that the prosecution was not able to prove that the Valenzuela City government gave unwarranted benefits, advantage or preference to Kentex when they approved its business permit.

“Even during the presentation of the accused in court, the prosecution failed to provide any basis or ask questions with regard to the allegation of conspiracy. Where there is reasonable doubt, the accused must be acquitted even though his innocence may not have been established,” the Sandiganbayan said.

The anti-graft then noted that the Valenzuela City fire officials did not commit lack of precaution in the exercise of their duties because they conducted inspections at the Kentex premises and noted several deficiencies, issued a Notice to Comply on the deficiencies, conducted a verification inspection of Ketex's compliance and again noted several violations in the After Inspection Report.

“The non-issuance and the requirement of the BFP for Kentex to secure a Fire Safety Inspection Certificate is actually an exercise of precaution on the part of the accused to address the fire safety issues of the subject premises,” the anti-graft court said.

The anti-graft court, however, clarified that Kentex and Valenzuela City government officials can still be sued by the victims for compensatory damages.

“The Court commiserates with the families of the victims on that fateful incident, but it has to yield to the constitutional right of the accused to be presumed innocent,” the anti-graft court said.

“Be that as it may, the acquittal of the accused in these cases does not preclude a suit to enforce the civil liability springing from quasi-delict under the New Civil Code,” it added.

In December 2016, the Sandiganbayan has also cleared Valenzuela City Mayor Rex Gatchalian, Business Permits and Licensing Office officer in charge Renchi May Padayo and BPLO licensing officer Eduardo Carreon of similar criminal charges in connection with the Kentex tragedy due to lack of probable cause. — BM, GMA News