Possible criminal liability of the factory owners & the city govt officials arising from the #ValenzuelaFire

            Criminal liability arising from the #ValenzuelaFire tragedy which resulted in 72 or more deaths depends on the facts that could be established by a thorough investigation — the following are the criminal provisions applicable:
        1.If the workers were locked up/ had been locked up (either within the compound, or inside the building, or on the second floor, etc.) the criminal provision on serious illegal detention, a capital offense, is applicable.
         2.If there is criminal negligence (failure to observe diligence, care, caution, etc.) the provision on the “quasi-offense” of reckless imprudence resulting in homicide, applies, 72 or more counts.
          3.CITY GOVERNMENT OFFICIALS: If the building is found to be not compliant with the Building Code of the Philippines and Fire Code of the Philippines, the city government officials who issued the necessary building permits and fire safety permits are all liable under the Anti-Graft and Corrupt Practices Act punishable with a minimum of ten years imprisonment each for each count. These city government officials are the City Engineer, the staff of the City Engineer’s Office, the building inspector, etc., and the Chief of the Bureau of Fire Protection and staff, and the fire safety inspector etc.
           The Valenzuela city government therefore has a conflict of interest here and should not be allowed to participate in any investigation, even in and especially with, evidence-gathering.
           The Valenzuela city mayor quickly absolved himself and the city government of any responsibility by saying: “look at the building, it’s still standing up, that means it’s compliant with the requirements of a building permit. It’s the fault of the bureau of fire protection and safety”.
           Not so fast.
         The National Building Code of the Philippines covers not just the foundation and posts of a building.

        The doors, aisle, passageways, stairways, floors, roof, ceiling, etc. must also be compliant with the provisions of the Building Code and Fire Code.
         If the design, structure,  materials, or any of the doors, corridors, passageways, stairways, etc. is/ are not compliant with the safety requirements as provided by the Building Code and the Fire Code: all those who issued and signed the permits (City Engineer, the staff of the City Engineer’s Office, the building inspector, etc., the Chief of the Bureau of Fire Protection and staff and the fire safety inspector, etc. ), who turned a blind eye, and the owners, are criminally liable.      

       (based on experience and the records, litigation of a criminal case like this in the Philippines however takes at least ten to fifteen years  — at the trial level, not yet including appeal).

      This is without prejudice to additional liability on the part of the owners if they are found to have violated  the Labor Code, including provisions on occupational safety.

         (just to cover all possibilities — if the fire had been intentionally set, the crime is arson and murders upon the perpetrators).

Ben Hur Luy’s P150 million

         News organizations reported today that about One Hundred Fifty Million Pesos was found in the bank accounts of plunder state witness Ben Hur Luy — to which the DOJ state prosecutor said this had not been proven and in any case Ben Hur is immune from prosecution under the Witness Protection Program.
          Not so fast, and not too cavalierly – it’s One Hundred Fifty Million Pesos apparently from pork barrel, too.
          The Rules of Court on the discharge of a state witness provide for immunity from prosecution for the crime for which the state witness is charged then discharged. In this case, Ben Hur Luy was discharged for the plunder cases filed against Enrile, Jinggoy, Bong Revilla, et al. He has immunity only for criminal prosecution for the criminal acts that he is testifying on. Nothing more.

         It is not a blanket immunity for all kinds of criminal or civil actions for all kinds of acts he may have committed – but only immunity for the criminal acts upon which he is testifying  (under the Rules of Court provision on immunity of a state witness). 

        HOWEVER, the Witness Protection Program may provide for immunity from forfeiture proceedings for ill-gotten wealth arising from criminal transactions that he is testifying on – immoral, maybe, legal, yes (it is condoned and allowed if it is the only way of convicting the masterminds and the state witness does not appear to be the most guilty)

       The terms of his WPP contract should be examined and strictly construed, in favor of the public interest.
            Whether or not Ben Hur Luy has immunity from prosecution or forfeiture of the one hundred fifty million pesos of unexplained wealth depends on:

        1.the terms of his WPP contract;

      2. the nature of those funds and

      3.the source of those funds.

       Were those funds sourced from the transactions on which he testified (the Enrile, Jinggoy, Bong Revilla, et al cases)? ….. Or did those funds come from other pork barrel transactions? Look at the paper trail.
            Am I splitting hairs? It’s one hundred fifty million pesos in unexplained wealth, at best. The terms of his discharge as state witness, his WPP contract, and the paper trail of the one hundred fifty million pesos should be examined.