DAVAO CITY — An inter-agency task force finally filed criminal charges against six mall executives and 22 of mall tenants, contractors, city building officials and personnel of the Bureau of Fire Protection in relation to the December 23, 2017 fire incident that killed 38 people.
Fire Supt. Anthony Filgurasin, head of the Inter-Agency Anti-Arson Task Force-Composite Team (IATF -CT), said the task force filed the criminal case against the respondents before the City Prosecution Office on Thursday afternoon August 30.
Six NCCC Mall Davao executives and employees were charged of reckless imprudence resulting in multiple homicides and multiple physical injuries, causing undue injury through gross inexcusable negligence.
Filgurasin identified the respondents as Helen Lim, Lafayette Lim, Ivy Michelle Lim, Sharlene Faye Lim, Ivan Spencer, Julie Ann Lim and Ramon del Castillo.
Also facing criminal charges are the SSI Philippines Inc. executives, identified as Jose Antonio San Gabriel, Riza Lyn Ocampo, Rey Roble, Christopher Fanning, and David Ian Weatherseed, as well as AC Rockport Construction and Development Corporation officers Arturo Arrojado, Carmelie Arojado, Maria Lilibeth Olarte, Danna Patricia Arrojado, Carmen Paluga, and project engineer Wilson Velasquez.
Graft charges
A case of violation of Republic Act 3019 Anti-Graft and Corrupt Practices Act was also filed against former Davao City Building official Joaquin Cui Jr., officials of Philippine Economic Zone Authority (PEZA) in Mactan identified as Sansaluna Pinagayom Darlyn Nazareno and Nicasio Mamites, and BFP Davao officials – Supt. Carlo Dueña, Senior Insp. Jeanny S. Calvario, Insp. Renero Jimenez, Senior Fire Officer (SFO4) Dioscoro Baja Jr., SFO2 Joel Quismundo, SF01 Roger Dumag, and SFO1 Leo Lauzon.
Filgurasin said the graft case is for their failure to exercise due diligence in ensuring safety compliances and requirements under the law, and operating the business despite the repeated violations recorded by PEZA.
Another case was also filed against Calvario, Baja, Quismundo, Dumag, Lauzon and PEZA officer Arvin Tero for violation of Republic Act 4514 or the Fire Code of the Philippines of 2008 for endorsing to the Fire Marshal a report that the building or structure complied with the standards set by the law despite negative findings in its inspection.
A case of violation of Article 171 of the Revised Penal Code or Falsification by a Public Officer of a Document by Making Truthful Statements was also filed against Quismundo, Lauzon, and Tero.
Administrative charges
Filgurinas also filed administrative cases against government officials “The Office of the City Prosecutor will be coordinating with the Office of the Ombudsman with regards to the administrative aspects.”
Grave misconduct or neglect of duty was also charged against Cui, Pinagayao, Nazareno, Dueña, Calvario, Jimenez, Baja, Dumag and Lauzon .
Tero, Quizmundo and Luzon were also charged for grave misconduct for gross neglect of duty, falsification of an official document and gross dishonesty.
Earlier reports indicated that several renovations of the mall’s floors were made, rendering the sprinkler systems on the third and fourth floors non-functional and the fire escapes inaccessible when the fire broke out two days before Christmas day. –Armando Fenequito Jr/PNA
