At least 15 to be charged for Glorietta 2 blast

By Ronron
January 10, 2008

The government will file criminal and administrative charges against at least 15 persons for the explosion that ripped through Glorietta 2 mall in Makati City last October 19, 2007, killing 11 persons and hurting 108 others.

Chief Supt. Luizo Ticman, chief of the Southern Police District (SPD) who headed the Multi-Agency Investigation Task Force (MAITF) for the Glorietta 2 blast, issued the statement Thursday in a news conference at Camp Crame where he also officially ruled out bombing as the cause of the incident.

“The Task Force ruled out terrorism as the cause of the explosion. The explosion and the resultant death and damagers were caused by methane and diesel vapor explosion,” he said.

Ticman said that those identified to be charged include four engineers of the Makati Supermarket, Corp. (MSC), five personnel of the Marchem Industrial Sales and Services, Inc., two personnel of the Metalline Enterprises, and four personnel of the Makati City Fire Station (MCFS). Several John Does will also be included in the criminal charge sheet.

Interior and Local Government Secretary Ronaldo Puno said in the same news conference that executives of Ayala Land, Inc. (ALI) and Ayala Properties Management, Corp. (APMC) are spared for now because there is no evidence of their “direct involvement” in the alleged negligence.

Ticman disclosed that MSC owns Glorietta 2 (G2) building where the blast happened, although the building is being managed by ALI and APMC.

Marchem, meanwhile, is responsible for the electrical, mechanical and other facilities of the MSC and G2, while Metalline was commissioned by APMC and MSC to install the exhaust and ventilation system at the Glorietta 2 basement last May 2007.

Ticman identified those to be charged as: 1) Engr. Candelario Valdueza, Project Engineer of MSC; 2) Engr. Marcelo Botenes, Building Engineer of MSC/G2; 3) Engr. Jowell Velvez, Building Administrator of MSC/G2; 4) Engr. Arnel Gonzales, Building Manager of MSC/G2; 5) Engr. Clifford Arriola, Operation Manager of Marchem; 6) Joselito Buenaventura, Supervisor of Marchem; 7) Charlie Nepomuceno, Marchem Maintenance Personnel; 8) Jonathan Ibuna, Marchem Maintenance Personnel; 9) Juan Ricafort, Marchem Maintenance Personnel; 10) Senior Fire Officer (SFO) 4 Anthony Grey, Fire Safety Inspector (FSI) of the MCFS; 11) SFO2 Leonio Balais, FSI of the MCFS; 12) Fire Senior Inspector Reynaldo Enoc, Fire Prevention Officer of the MCFS; 13) Fire Chief Insp. Jose Embang, Jr., chief of the MCFS; 14) Engr. Ricardo Cruz, Operations Manager of Metalline; and, 15) Miguel Velasco, Jr., foreman of Metalline.

Valdueza, Botenes, Velvez, and Gonzales will be charged for reckless imprudence resulting in multiple homicide, physical injuries, and damage to property (Article 365 of the Revised Penal Code), Ticman said.

The reasons are as follows: 1) failure to make inspections reasonably necessary to ascertain the condition of its building, the basement in particular; 2) failure to maintain and inspect the said basement of MSC building in a manner that its agents and employees failed to take adequate safety practices and standards that resulted in the accumulation of biogas (methane/hydrogen sulfide) in the basement of said building; 3) failure to take action upon receiving report/notice of foul odor coming from the basement; 4) failure to use reasonable and ordinary care under the circumstances; and, 5) failure to comply with the safety standards set for by law.

Arriola, Buenaventura, Nepomuceno, Ibuna, and Ricafort, meanwhile, will also be charged for reckless imprudence/negligence (gross negligence) resulting in multiple homicide, physical injuries and damage to property due to the following reasons: 1) for negligently and carelessly failing to maintain and inspect the said basement of MSC building that resulted in the defective condition of the sump pumps leading to the accumulation of biogas; 2) for negligently and carelessly failing to use explosion proof electric control cabinets, switch gears and lighting fixture in the basement; and, 3) for altering the standard electrical safety devices at the basement, like using an improvised wire jumper in lieu of a protective fuse.

Further, Cruz and Velasco will be sued for alleged violation of the Fire Code of the Philippines (Presidential Decree 1185), as well as the MSC and APMC.

For gross neglect of duty causing undue injury (violation of Section 3, paragraph e of Republic Act 3019, otherwise known as Anti-Graft and Corrupt Practices Act, Grey, Balais, and Enoc will be charged, Ticman said.

A separate administrative charge for Gross Neglect of Duty will also be slapped against them, as well Embang for Simple Neglect of Duty.

Ticman said Embang will be included in the charge sheet for his “failure to review and validate before issuing the Fire Safety Inspection Certificate” (FSIC) to MSC/G2 last July 31, 2007.

Interior and Local Government Undersecretary Marius Corpus said the said certificate should have never been issued because there was a jumper inside the basement, and the diesel tank did not have a permit from the Bureau of Fire Protection (BFP).

Ticman said the criminal charges will be filed most probably today (Friday) before the Department of Justice, while the administrative charges, Corpus said, will be before the BFP.

Corpus said once the administrative charges are filed, Grey, Balais and Enoc will have to be placed on preventive suspension as they undergo investigation. He said Embang may be spared from the suspension order because his case is minor only.

At the same time, Corpus said he might issue today (Friday) the cancellation order of the FSIC for MSC/G2, which will automatically force G2 to stop operating until it secures another certificate.

Corpus said that based on the findings of the MAITF, the victims of the blast and their families can also sue ALI executives and the above-mentioned personalities for civil liabilities.

Ticman said they have officially dismissed the angle of terrorism because they did not find any evidence of a bombing incident, like presence of crater, tearing effect on the damaged properties and victims, soot or blackening of non-affected areas, and components of bomb or improvised explosive device at the blast site and on the victims, namely power source, initiators, explosive ingredients and switch.

As to the gas build-up findings, Ticman said this is supported by the condition (presence of waste and poor ventilation) at the basement that allowed the build-up of methane gas, which, upon explosion, triggered the explosion also of the diesel tank.

“Based on the foregoing findings, clearly methane was produced and it reached its lower explosive limit of 31.4 cubic meter, which is five percent of the 628 cubic meter volume at the basement. Ignition was caused by the automatic switch for pump #4,” Ticman said.

The methane explosion then triggered the diesel vapor explosion because the rise in temperature it brought caused the diesel to reach its flash point of 55-70 degrees Celsius, Ticman said.

Puno said the ALI should just bring to court its claim that a gas explosion is unlikely, based on the theoretical findings of its hired experts. This after Ticman said that even if the MAITF took cognizance of the ALI’s report, it did not alter their findings.

“I think our report is defensible in court and anywhere under any kind of scrutiny,” Puno said.

The case of reckless imprudence is punishable with imprisonment from four months to four years and two months, Ticman said./DMS