THE Court of Appeals has overturned the resolution issued by the Office of the Ombudsman ordering the dismissal from the service of Valenzuela City Mayor Rexlon Gatchalian after finding him administratively liable for grave misconduct and gross neglect of duty for his alleged negligence in the Kentex fire tragedy that left 74 people dead in 2015.
In a 23-page decision, the CA’s Fifteenth Division through Associate Justice Leoncia Real-Dimagiba granted the petition filed by Gatchalian seeking the reversal of the joint resolution issued by the Office of the Ombudsman last Feb. 11, 2016.
The Ombudsman resolution approved the indictment of Gatchalian and co-respondents for violation of of the Anti-Graft and Corrupt Practices and reckless imprudence resulting in multiple homicides and multiple physical injuries under Article 365 of the Revised Penal Code.
The anti-graft body also found the Gatchalian’s co-respondents administratively guilty of grave misconduct and gross neglect of duty and were meted the penalty of dismissal from the service, with the same accessory penalties of forfeiture of benefits and privileges and perpetual disqualification to hold public office.
In absolving Gatchalian of administrative liability, the CA stressed that the duty to enforce the Fire Code belonged to the Bureau of Fire Protection and now with the local government unit.
While it is true the LGU-Valenzuela under the leadership of Mayor Gatchalian and the BLPO officials, issues business permits for the operation of the business establishments within the jurisdiction of Valenzuela City, the CA said such issuance could be considered provisional as its effectiveness depends on the results of the inspection to determine compliance with the Fire Code had to be conducted by the BFP-Valenzuela.
“Mayor Gatchalian complied with his mandated duty under the law. Any finding of negligence on his part would be in effect imposing upon him a duty that it is not provided by law,” the CA ruled.
“The procedure provided by the administrative issuances imposes the BFP-V the duty to inspect and determine compliance with the Fire Code. He merely relies on the report of the BFP,” it said.
Because of this, the appellate court said the enforcement of the Fire Code rested with the BFP-Valenzuela and not with the local government.
The CA said there was no proof that Gatchalian neglected his duty.
The appellate court pointed out that while BFP-Valenzuela issued a notice to comply to Kentex in 2014, it failed to furnish copy of the NTC to BPLO and BFP.
Thus, the CA noted when Gatchalian issued a business permit to Kentex in January 2015, he and the NPLO officials had no notice of the violations or non-compliance of Kentex with the Fire Code in 2014.
Associate Justices Ramon Garcia and Jhosep Lopez concurred with the ruling.
Earlier, the Sandiganbayan ordered the dismissal of the criminal charges for graft and reckless imprudence resulting in multiple homicide against Gatchalian and two city hall officials identified as Renchi May Padayao, officer in charge of the Business Permits and Licensing Office and Eduardo Yco Carreon, licensing officer IV of the BPLO.
The anti-graft court ruled that Gatchalian and the two city hall officials could not be faulted for granting a business permit to Kentex because a city ordinance allows the grant of the business permit even without a Fire Safety Inspection Certificate.