Justice for Kentex workers and other victims of workplace accidents!

Published by rudy Date posted on November 4, 2016

Graft, reckless imprudence cases filed vs. Rex Gatchalian over Kentex fire
Published October 19, 2016 4:43pm
Updated October 19, 2016 6:59pm

By XIANNE ARCANGEL, GMA News
The Office of the Ombudsman has filed cases of graft and reckless imprudence resulting to multiple homicide and multiple physical injuries against Valenzuela City Mayor Rex Gatchalian in connection with the 2015 Kentex factory fire that killed 74 workers.

Gatchalian is facing one count each of violating Sections 3(e) and (j) of Republic Act 3019 or the Anti Graft and Corrupt Practices Act, and a reckless imprudence case.

The mayor is accused of causing undue injury to victims of the Kentex fire in the amount of P3.7 million by giving the factory unwarranted benefits, privilege and preference by issuing a business permit for its operation in 2015 despite its delinquent status and without requiring a fire safety fire inspection certificate, and for failing to revoke its permit when it failed to submit the requirements during the prescribed period.

Gatchalian was also indicted for graft for issuing a business permit to Kentex in 2014 even though it was unqualified to operate due to its failure to possess the requisite fire safety inspection certificate.

In the reckless imprudence case, the Ombudsman said Gatchalian allowed Kentex to operate under hazardous conditions when he issued a business permit to the manufacturing firm and failed to impose the prescribed sanctions under Section 9 of the Revised Fire Code of the Philippines of 2008.

The Ombudsman said Kentex’s continued operations resulted in the deaths of 74 workers in the May 13, 2015 fire and physical injuries to others, leading to actual damage in the amount of P3.7 million.

Gatchalian’s co-accused in the case for violation of Section 3(e) of RA 3019 are city business processing and licensing office (BPLO) officer in charge Renchi May Padayao, licensing officer IV Eduardo Carreon, and Kentex Manufacturing Corp. General Manager and Treasurer Terence King Ong.

For the violation of Section 3(j) of RA 3019, the mayor’s co-accused are Padayao and Carreon.

Meanwhile, the Ombudsman also charged the following with reckless imprudence resulting in multiple homicide and physical injuries: Padayao, Carreon, Ong, City Fire Marshal Mel Jose Lagan, Senior Fire Inspector Edgrover Oculam, and Senior Fire Officer 2 Rolando Avendan.

Ready to post bail

Later in the afternoon, Gatchalian said they are ready to post preemptive bail in connection with the charges.

In a statement, the mayor said he and other Valenzuela City officials will also act “in defense” of the “anti-graft and corruption program, the 3S Plus, and the practice of almost all of the nation’s LGUs who are merely acting in compliance with the issued JMCs.”
“We are not just defending ourselves in this case,” Gatchalian said.
The 3S (Simple Speed Service Excellence) Plus refers to Valenzuela City’s anti-graft and corruption program that aims to promote business in the city by speeding up “all business-related application procedures.”

Gatchalian, who said he will “avail all appropriate legal remedies” to defend himself, also brought up “The Robredo Circulars” or circulars by late interior secretary Jesie Robredo that served as Valenzuela City’s basis for expediting its business permits and licensing system (BPLS).

These circulars also served as Gatchalian’s basis for allowing the issuance of business permits to Kentex Manufacturing Corp. and other establishments without a fire safety inspection clearance (FSIC) from the Bureau of Fire Protection. — with Rie Takumi/RSJ/KBK, GMA News
– See more at: http://www.gmanetwork.com/news/story/585642/news/metro/graft-reckless-imprudence-cases-filed-vs-rex-gatchalian-over-kentex-fire#sthash.mB6KpyZZ.dpuf

Valenzuela mayor, 6 others ordered dismissed over Kentex blaze
By Rey Galupo (The Philippine Star) | Updated March 6, 2016 – 12:00am

MANILA, Philippines – The Office of the Ombudsman has ordered the dismissal of Valenzuela City Mayor Rex Gatchalian and six other officials for grave misconduct and gross neglect of duty in connection with the factory fire that claimed the lives of 72 workers in May last year.

The ombudsman also ordered the dismissal of Renchie May Padayao, officer-in-charge of the city’s Business Permit and Licensing Office; Licensing Officer IV Eduardo Carreon; former city Fire Superintendent Jose Mel Lagan; Sr. Insp. Edgrover Oculam and fire officers Rolando Avendan and Ramon Maderazo.

The ombudsman said Gatchalian, Padayao, Carreon and Avendan were liable for issuing business permit to Kentex Manufacturing Corp. in 2015 despite its delinquent status.

The fire officials, on the other hand, were accused of issuing fire safety inspection certificate in 2012 and submitting inaccurate inspection reports and notice to comply in 2014.

They were also cited for failing to impose sanctions against the management of Kentex as prescribed by the Fire Code.

Terrence King Ong, operations manager of Kentex, was also included in the charge sheet under the dismissal order by the Office of the Ombudsman received yesterday by Gatchalian’s lawyers.

The families and representatives of at least 57 victims of the fire reportedly agreed to a settlement with Kentex late last year.

Renato Paraiso, counsel of the Kentex management, said the victims’ families have agreed to a total compensation package worth P151,200 each. The amount includes P100,000 in death benefits, P30,000 cash for the identification of the remains of the victims, P10,000 burial assistance, P6,200 for funeral services and P5,000 travel assistance.

Remigio Saladero Jr., counsel of the victims’ families, however, said the settlement does not extinguish the criminal liability of Kentex and its officials.

Saladero explained the settlement was only the civil aspect of the case.

A mother of one of the victims admitted Gatchalian had helped them “but that is the law,” in referring to the dismissal order of the ombudsman.

She said the case against the city officials are not as painful compared to what they’ve gone through.

Gatchalian, for his part, said he would not comment until he sees a copy of the decision.

He said his lawyers had already received the order and were able to secure a temporary restraining order (TRO).

“This TRO is important because without it there will be a chilling effect on mayors of highly urbanized cities as we all exercise the same procedure imposed by the Department of the Interior and Local Government memorandum circulars, ” he said.

Gatchalian warned the case against him and the officials will result in “irreparable damage to our economy and generate massive unemployment.”

He added the records of the Bureau of Fire Protection showed that out of the more than 300,000 establishments in the National Capital Region alone, only 15 percent have fire safety inspection certificates.

Gatchalian said he would continue to perform his duty and use all legal remedies, maintaining the city government did not violate any law.

Valenzuela mayor posts bail in Kentex factory fire case
By Michael Punongbayan (The Philippine Star) | Updated October 22, 2016 – 12:00am

MANILA, Philippines – Valenzuela Mayor Rexlon Gatchalian posted P90,000 bail at the Sandiganbayan yesterday in connection with the charges against him for the footwear factory fire that left 72 persons dead last year.

He opted to post bail within hours after the charges of graft and reckless imprudence resulting in multiple homicide and multiple physical injury were raffled off to the anti-graft court’s second division to prevent magistrates from ordering his arrest should they find probable cause to issue warrants.

Gatchalian denounced the filing of charges against him but said this development presents an opportunity for the Valenzuela City government to show that “it did not turn its back on its responsibilities to the victims’ families.”

The Office of the Ombudsman filed the cases against Gatchalian, Business Permits and Licensing Office (BPLO) chief Renchi May Mecina Padayao, licensing officer Eduardo Yco Carreon, city fire marshal Mel Jose Paredes Lagan, Senior Fire Inspector Edgrover Lim Oculam, Senior Fire Officer 2 Rolando Santiago Avendan and businessman Ong King Guan of Kentex Manufacturing Corp. on Wednesday.

Graft investigators alleged business permits and fire safety inspection certificates were issued to the factory despite blatant violations of the Fire Code.

Valenzuela execs, BFP officials, charged over Kentex fire
Investigators say Kentex should have been shut down because of its delinquent status. General manager Ong King Guan is also among those charged.

By Rappler.com
Published: Wed, Oct 19, 2016 7:42 PM

MANILA, Philippines – The Ombudsman filed criminal charges at the Sandiganbayan Wednesday, October 19, against Valenzuela City Mayor Rexlon Gatchalian, Bureau of Fire Protection officials, and a businessman for negligence in connection with the Kentex Manufacturing Corporation fire that left over 70 people dead.

The Office of the Ombudsman said officials acted in a “negligent, careless, and imprudent manner” by approving and issuing a business permit to Kentex in January 2014 even if it did not have the required fire safety inspection certificate.

A case of reckless imprudence resulting in multiple homicides and multiple physical injuries was filed against Gatchalian, Valenzuela business permits and licensing office head Renchi May Mecina Padayao, licensing officer Eduardo Carreon, Bureau of Fire Protection-Valenzuela City fire marshal Mel Jose Lagan, senior fire inspector Edgrover Oculam, senior fire officer Rolando Avendan, and Kentex general manager Ong King Guan a.k.a. Terence King Ong.

Two other counts of violation of the Anti-Graft and Corrupt and Practices Act were filed against Gatchalian, Padayao, and Carreon. Ong, was charged with an additional count of graft.

Investigators said Kentex should have been shut down because of its delinquent status. The permit that was granted the factory should have been revoked to stop it from continuing with its operations, especially after it failed to get the necessary requirements within the prescribed period.

In addition, the Ombudsman also included a claim of undue injury amounting to P3.7 million in behalf of victims who died and who sustained injuries from the fire that hit Kentex in May 2015.

The Ombudsman said the respondents indicated a “common understanding among them to turn a blind eye to Kentex’s delinquency and its foreseeable consequences.”

In June 2015, families of 57 of the casuaties in the Philippines’ worst factory fire were reported to have dropped their claims against Kentex in exchange for a P151,200-($3,360) settlement. – Rappler.com

By Rappler.com
Published: Wed, Oct 19, 2016 7:42 PM

Two other counts of violation of the Anti-Graft and Corrupt and Practices Act were filed against Gatchalian, Padayao, and Carreon. Ong, was charged with an additional count of graft.

In addition, the Ombudsman also included a claim of undue injury amounting to P3.7 million in behalf of victims who died and who sustained injuries from the fire that hit Kentex in May 2015.

The Ombudsman said the respondents indicated a “common understanding among them to turn a blind eye to Kentex’s delinquency and its foreseeable consequences.”

Valenzuela mayor, 7 others charged in connected with 2015 Kentex fire
Posted on March 16, 2016
By Alden M. Monzon, Reporter

THE Office of the Ombudsman has filed cases against Valenzuela City Mayor Rexlon T. Gatchalian and seven other individuals in connection with the deadly fire at a footwear factory in the city last year which left 74 people dead.

In a statement on Tuesday, Ombudsman Conchita-Carpio Morales said they found probable cause to charge Mr. Gatchalian, Business Permits and Licensing Office (BPLO) OIC Renchi May Padayao, and BPLO Licensing Officer Eduardo Carreon for their responsibility in the fire which razed the factory of Kentex Manufacturing Corporation in May 13, 2015 in Ugong Village in Valenzuela City.

Also included are four officials from the Bureau of Fire Protection (BFP) — City Marshal Mel Jose Lagan, Senior Inspector Edgrover Oculam and Fire Safety Inspectors Rolando Avendan and Ramon Maderazo.

Ong King Guan (Terence King Ong), owner of Kentex Manufacturing Corporation, is also included in the charges.

The Ombudsman said the individuals face multiple counts of violation of Sections 3 (e) and 3 (j) of the Anti-Graft and Corrupt Practices Act and reckless imprudence resulting in multiple homicides and multiple physical injuries

It said business permits and fire safety inspection certificates were issued by city officials despite violations of the Fire Code, which include failing to install a wet standpipe system, unserviceable fire extinguishers, insufficient automatic alarm and sprinkler system, and lack of fire exits for workers.

“[T]he respondents’ acts or omissions, taken together, indicate a common understanding among them to turn a blind eye to Kentex’s delinquency and its foreseeable consequences,” Ms. Morales said.

According to survivors of the fire, exit gates were padlocked and factory windows were enclosed with grills.

The Ombudsman said the factory owner “cannot evade criminal liability for the loss of lives [as] the safety of all persons and all operations within the premises rested upon his shoulders.”

Ombudsman indicts Valenzuela mayor, 7 others over Kentex fire
By PETER TABINGO
March 16, 2016

THE Office of the Ombudsman yesterday ordered the filing of criminal charges against Valenzuela City Mayor Rexlon Gatchalian, other city officials and the owner of Kentex Manufacturing Corp. over the May 13, 2015 fire in the footwear factory that left 74 people dead.

Ombudsman Conchita Carpio Morales issued the directive after a panel of investigators found probable cause to hold the respondents liable for multiple counts of graft and reckless imprudence resulting in multiple homicides and multiple physical injuries.

The other respondents were City Fire Marshal Mel Jose Lagan, Senior Inspector Edgrover Oculam, Fire Safety Inspectors Rolando Avendan and Ramon Maderazo all of the Bureau of Fire Protection; Business Permits and Licensing Office chief Renchi May Padayao and licensing officer Eduardo Carreon; and Kentex owner Ong King Guan.

Cases against them will be filed at the Sandiganbayan.

“The Office of the Ombudsman found that business permits and Fire Safety Inspection Certificates were issued by city officials despite blatant violations of the Fire Code. Kentex failed to install a wet standpipe system, unserviceable extinguishers, lack of automatic fire alarm and sprinkler system, and absence of fire exit drills for workers,” the Ombudsman said.

Affidavits submitted by some survivors attested to the fact that the Kentex exit gates were “locked or padlocked; there were no water sprinklers, fire extinguishers or fire alarms; and Kentex’s windows were enclosed with grills.”

In its joint resolution covering all pending complaints filed with the anti-graft body in connection with the Kentex tragedy, the panel of investigators noted that as recent as 2014, BFP Valenzuela inspected the factory twice and on both occasions, it found that fire safety measures were deficient.

“Despite these deficiencies, Valenzuela officials allowed Kentex to continue operations,” the panel pointed out.

“The respondents’ acts or omissions, taken together, indicate a common understanding among them to turn a blind eye to Kentex’s delinquency and its foreseeable consequences,” Morales said.

The Ombudsman said Ong cannot evade criminal liability for the loss of lives since as owner of the establishment “the safety of all persons and all operations within the premises rested upon his shoulders.”