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).
