CRIMINAL complaints have been filed before the Department of Justice against 31 officials officials of Unilever Philippines and event organizers of the CloseUp forever summer concert last year in Pasay City.
Five partygoers died in that incident which has thrown the focus on the use of illegal synthetic drugs in the country.
In a complaint, the National Bureau of Investigation sought the prosecution of Rohit Jawa, Unilever Philippines Chairman and CEO and currently the Executive Vice President for Operations South East Asia; Jesus M. Canlapan, Unilever Philippines Manager for Workplace Services and Facility Security; Alberto Curnelius Trinidad, Unilever’s Marketing Director for Close-Up; Joy Dalanon-Ocampo, Country Manager for Safety, Health and Environment; Procurement manager Melissa Alcayaga; Close-Up Assistant Brand Manager Bea Lagdameo for criminal negligence and violation of the Corporation Code.
Also charged with the same offense are Michelle Suzanne Claire Quintana; Anna Kristina Doctolero; Baby Majalia Ahamadul, senior accounts manager of Activation Advertising Inc.; Reginald Soriano; Eduardo Muego; John Paul Demontano; the owner and President of HypeHouse Production Corporation and Alexis Engelberto Aragon, owner of Delirium Manpower Services.
“The above-mentioned respondents from Unilever-Close-Up, Activation advertising and the others appears [sic] to be criminally liable based on the responsible officer doctrine for they held a position of responsibility and authority in their respective corporations and had the ability to prevent the unwanted incidents but failed to do so,” the complaint said.
According to NBI, the Unilever executives and organizers of the rave party failed to consider several factors despite their assurance of a security master plan and ‘code red scenarios.”
“Given the history of rave parties and the several prior iterations of the ‘Close Up Forever Summer,’ the danger of drugs entering the venue in rave parties is not alien to all persons recommended to be charged herein.
They cannot rely on said prior iterations nor on previous large-scale events that they handled to excuse them from adopting additional measures to address said entry of illegal drugs,” the NBI stressed.
According to the NBI complaint filed before the DoJ, the respondents were responsible for the deaths of the five victims since they had the ability to prevent such deaths.
“The above-mentioned respondents … appear to be criminally liable based on the responsible officer doctrine (ROD) for they held a position of responsibility and authority in their respective corporations and had the ability to prevent the unwanted incidents but failed to do so,” the NBI said in the complaint.
The five dead were: Ken Migawa, 18; Eric Anthony Miller, 33, an American; Ariel Leal, 22; Bianca Fontejon, 18; and Lance Garcia, 32.
The five, who did not know each other, became unconscious while attending the “Forever Summer “open-air concert headlined by Belgian DJ duo Dimitri Vegas and Like Mike which attracted an some 14,000 people on May 21, 2016.
Police said they were looking at drug overdose as possible potential cause of the deaths when the drinks distributed at the event were laced with “Green Amore,” a lethal mix of ecstasy and shabu.
There were also reports illegal drugs were peddled at the venue, the NBI said.
The NBI, in its autopsy report, said they found out that Garcia and Fontejon died due to heart attack and multiple organ failure.
Two other victims, Miller and Migawa, were examined by the Philippine National Police, while the fifth victim, Leal, was not examined upon the request of the family.
“The proximate cause of the death of Fontejon, Miyagawa and Leal is attributable to the inexcusable lack of foresight in failing to perform an act anticipatory that illegal drugs is so prevalent in a rave party…the event’s master security and safety plan is silent and muted about illegal drugs aggravated by the fact that those called upon to enforce said plan like the 306 bouncers lack the skill, expertise an experience to discriminate against said pernicious drugs,” the complaint stated.
The incident took place at the Mall of Asia Arena parking lot in Pasay City, where, in the early hours of May 22, 2016, the five party attendees were found unconscious and later pronounced dead.
Only the relatives of Fontejon, Miyagawa and Leal sought the intervention of the NBI for an investigation into the incident.
The fatalities were later found to have “dangerous drugs metabolites” upon examination.