Valenzuela Mayor Rexlon Gatchalian and two others were charged of graft and reckless imprudence resulting in multiple homicide and physical injuries but were later cleared
Valenzuela Mayor Rexlon Gatchalian and two others were cleared of criminal charges relating to the slipper factory fire incident that took place in May 2015.
In a 17 pages joint resolution dated December 13, the Sandiganbayan Second Division trashed the indictment of Mayor Gatchalian and Business Permits and Licensing Office officer in charge Renchi May Padayo and licensing officer Eduardo Carreon.
The three were charged with graft and reckless imprudence resulting in multiple homicide and physical injuries but the anti-graft court cleared them after finding a lack of probable cause to proceed to court trial.
The fire incident which took place on May 13, 2015 lead to the painful death of 74 workers and many others were left injured.
The deadly incident raised the issue of unsafe labor conditions for workers in the Philippines.
The three officials were accused of negligence in issuing business permits to slipper-maker Kentex Manufacturing Corporation despite its lack of fire safety inspection certificate (FSIC) and delinquent status.
But the Sandiganbayan pointed out that the accused officials did not appear to be involved in the incident which caused the fire.
The resolution read: “There is no direct causal connection between the fire and the damage incurred and the acts supposedly committed by accused”.
The anti-graft court reiterated that the only fault attributed to the accused is the issuance of the business permits in the absence of the required FSIC.
The Sandiganbayan Second Division resolution noted that the accused officials must have not taken part in the proximate cause of an injury for them to be held liable for reckless imprudence.
It also cited the argument of Gatchalian, Padayo and Carreon that they were only abiding by the provision of the City Ordinance Number 62, passed by the city council of Valenzuela in 2012, which streamlined the processing of business permits in their locality.
Thus, the city officials could not be considered to have given the slipper maker an “unwarranted benefit, preference or advantage”, because the city ordinance allowed the issuance of the necessary operations permit for businesses without requiring the proprietor an FSIC.
The resolution makes the September 11, 2015 decision of the Valenzuela City Regional Trial Court Branch 171, affirming the City Ordinance 62, attain finality.
The resolution maintained that the ordinance allowed the issuance of the business permits because Kentex was qualified and legally entitled to it under the said local measure of Valenzuela City.
Gatchalian is the 26th mayor of Valenzuela City and younger brother of Senator Sherwin Gatchalian.