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By William B. Depasupil and Jefferson Antiporda,
Reporters
The Department of Justice (DOJ) on Thursday
cleared owners of an upscale mall of responsibility over a huge
explosion that ripped through the shopping center last year. The
explosion left 11 persons dead and at least 108 others injured.
The department, however, filed charges against
eight private individuals in connection with the Glorietta 2 mall
blast in the financial district of Makati City.
Experts had initially thought that the explosion
could have been the work of terrorist groups after traces of
military-grade explosives were found at the scene.
But other experts from Ayala Land Inc., the mall
operator, and investigators, including from the Philippine National
Police and Australian police, said the blast was caused by a
build-up of methane gas and diesel fumes in the shopping center’s
basement.
The Justice department also cleared six others,
including three members of the Makati City Fire Station, of any
liability in the October 19, 2007 blast.
Not a single official of Ayala Land was held
responsible for the blast. The explosion supposedly led to huge
losses for the company.
Justice Secretary Raul Gonzalez, however,
stressed that even if mall officials had been cleared of any
liability, they could still be sued for damages by the families of
those who died and suffered injuries as a result of the explosion.
“Criminal liability is very different from
civil liability,” Gonzalez told reporters.
He said the filing of the civil complaint,
though, lies entirely at the discretion of the aggrieved families.
The national police earlier suggested the filing
of criminal and administrative charges against 14 persons for
negligence that led to the Glorietta 2 blast, including a few from
the Ayala Property Management Corp.
Geary Barias, National Capital Region police
chief, said although the Justice department absolved almost half of
those they had hoped would be charged, the national police will just
leave it to the proper court to pass legal judgment on the case.
In a 51-page resolution, Chief State Prosecutor
Jovencito Zuño approved the filing of criminal charges against
Candelario Valdueza, project manager, Makati Supermarket Corp.;
Clifford Arriola, operations manager, Marchem Industrial Sales and
Services Inc.; Joelito Buenaventura, supervisor, Marchem; and
Marchem maintenance personnel Charlie Nepomuceno, Jonathan Ibuna and
Juan Ricafort.
Similar charges were filed against engineer
Ricardo Cruz and Miguel Velasco; both of Metaline.
The basement was sub-leased to Makati
Supermarket Corp., where Valdueza was the project engineer.
The six were charged with reckless imprudence
resulting in multiple homicide and multiple physical injuries.
Cleared by the Justice department were engineer
Marcelo Botones, Makati Supermarket building engineer; Jowell Velvez,
building administrator; and Arnel Gonzales, building manager. They
were earlier accused of reckless imprudence and gross negligence
resulting in multiple homicide, physical injuries and damage to
property.
Cleared, too, by the department of charges of
violation of Republic Act 3019 or the Anti-Graft and Corrupt
Practices Act, and administrative charges for gross neglect of duty
were Senior Fire Officer 4 Anthony Grey and Senior Fire Officer 2
Leonilo Balais, both safety inspectors of the Makati City Fire
Station, and fire prevention officer Senior Insp. Reynaldo Enoc.
It said it looks at the Justice department’s
recommendation to prosecute the six persons as a victory, even if
some of the individuals it earlier charged were cleared.
Barias said they were proved right because they
had theorized that the explosion was caused by negligence, not by a
bomb explosion, as had been claimed by Ayala Land.
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