After a review and evaluation of the findings and recommendations of the Inter-Agency Anti-Arson Task Force (IATF), Department of the Interior and Local Government (DILG), relative to the fire/explosion incident at Kentex Manufacturing Corp., which occurred on 13 May 2015, the Department of Justice recommended that the following criminal and administrative charges be filed aginst the following individuals:
* Reckless Imprudence resulting to multiple homicide and multiple physical injuries under Art. 365, Revised Penal Code:
1. Terrence King Ong - Operations Manager, Kentex
2. Oscar Romero - Employee, Ace Shutter Corp. (the company that undertook the welding work at Kentex)
3. Wilmer Arenal - Employee, Ace Shutter Corp.
4. Rosalina Uy Ngo - Owner, Ace Shutter Corp.
5. Other responsible managers/officials/owners of Kentex, such as Ong King Guan and Beato Ang, in the event that further investigation on their management responsibilities and administrative functions reveals equal culpability on the safety of the establishment together with Terrence King Ong.
* Violation of Section 11.2.a (4) and (5) of the Fire Code (R.A. No. 9514):
1. Mayor Rexlon Gatchalian, Valenzuela City
2. Atty. Renchi May Padayao, Officer-in-Charge, Business Permit and Licensing Office (BPLO), Valenzuela City
3. Eduardo Carreon, Licensing Officer IV, BPLO, Valenzuela City
* Violation of Section 11.2.a (1) and (8) of the Fire Code (R.A. No. 9514):
1. F/Supt. Mel Jose Lagan - Valenzuela City Fire Marshal
2. F/Slnsp. Edgrover Oculam - Chief, Fire Safety Enforcement Section (FSES), Valenzuela City Fire Station
3. SFO2 Rolando Avendan - Fire Safety Inspector, Valenzuela City Fire Station
* Violation of Section 3 (e) of R.A. No. 3019, or the Anti-Graft and Corrupt Practices Act:
1. Mayor Rexlon Gatchalian
2. Atty. Renchi May Padayao
3. Eduardo Carreon
4. F/Supt. Mel Jose Lagan
5. F/Slnsp. Edgrover Oculam
6. SFO2 Rolando Avendan
* Administrative Charges:
1. Mayor Rexlon Gatchalian
2. Atty. Renchi May Padayao
3. Eduardo Carreon
4. F/Supt. Mel Jose Lagan
5. F/Slnsp. Edgrover Oculam
6. SFO2 Rolando Avendan
7. Responsible owners/officials of Kentex
It will be recalled that the IATF, composed of investigators from the Bureau of Fire Protection (BFP), the Philippine National Police (PNP) and the National Bureau of Investigation (NBI), conducted a fact-finding investigation into the Kentex Fire/Explosion incident and submitted its findings and recommendations to SILG Mar Roxas in an Investigation Report dated 29 May 2015.
The IATF's recommendations were evaluated by a DOJ Special Panel created under D.O. No. 402, dated 1 June 2015 issued SOJ Leila M. De Lima. The results of the DOJ Special Panel evaluation were, in turn, reviewed by Secretary De Lima.
In a Memorandum to the SILG dated 20 July 2015, and released today, July 23, the SOJ outlined the criminal and administrative liabilities of the above-enumerated private individuals and public officials, and advised that the complaints may be filed by the members of the IATF, along with the victims' relatives as private complainants, with the Office of the City Prosecutor of Valenzuela City, in the criminal case for reckless imprudence, and with the Office of the Ombudsman, in the case of violations of the Fire Code and R.A. No. 3019. On the other hand, the administrative cases against the public officials shall be filed with the proper disciplining authority, while the administrative sanctions against the Kentex owners and officials should be imposed by the BFP Chief, in accordance with Section 11.1(a) of the Fire Code.
The DOJ Special Panel has also recommended a further investigation on the possible liabilities of involved Department of Labor and Employment—National Capital Region (DOLE-NCR) officials, for their issuance of a certificate of compliance in September 2014 in favor of Kentex, notwithstanding the violations of pertinent Labor laws and DOLE's own Occupational Safety and Health Standards (OSHS).