MANILA, Philippines – The families of those who died in the Glorietta 2 explosion on Oct. 19, 2007, asked the Department of Justice Monday to hold officials of the Ayala firm running the mall and Makati firefighters criminally liable for the incident.

In a petition for partial review, the families and members of the interior department’s Inter Agency Task Force which looked into the explosion said they agreed with a DOJ panel’s finding that a buildup of methane gas led to the explosion that killed 11 people and injured more than 100 people.

But they asked that the charges against those recommended for prosecution be upgraded to reckless imprudence resulting in multiple homicide, instead of homicide, so that those charged would be held liable for the 11 deaths. They also sought the inclusion of all 108 injured victims in the case.

Furthermore, the petitioners also asked that the Makati City prosecutor be ordered to put on hold the filing of charges, or to suspend court proceedings, while their pleading is being reviewed.

Charges

On Friday, a DOJ panel led by Senior State Prosecutor Leo Dacera recommended the filing of charges of reckless imprudence resulting in homicide and multiple physical injuries against eight officers and staff members of Makati Supermarket Corp. (MSC) and two private firms conducting repair work in the area.

The panel, on the other hand, cleared officials of Ayala Property Management Corp. (APMC) which runs the mall and Bureau of Fire Protection (BFP) personnel of any liability.

According to the panel, although APMC manages the mall, MSC, as the owner of the building, is responsible for the proper maintenance and upkeep of its utilities and facilities, including the basement where the explosion occurred.

The petitioners pointed out that APMC building engineer Marcelo Botenes, building administrator Jowell Velvez and Glorietta building manager and APMC personnel Arnel Gonzales should face criminal charges because APMC is the supervisor and manager of MSC.

“In other words, APMC as the supervisor and manager of the MSC building which is integrated to the Glorietta 2 Mall, has the direct say in the administration and maintenance of said building where the blast occurred,” the petitioners said.

Agreement

They also pointed out that under the lease agreement between APMC and MSC, the former was the one tasked to operate, manage and maintain all common areas within the commercial center complex.

“The basement of the Glorietta 2 building where the blast occurred is a common area where the sewer system is in place and where the diesel reservoir was in place, not for the exclusive use of Makati Supermarket but for other tenants as well,” they said.

The Ayala companies’ decision to pay P1 million in cash and provide houses worth P5 million to the families of the victims was also an admission of criminal liability, they added.

The petitioners said APMC’s own list of the breakdown of the pumps in the basement belied their officers’ contentions that they exercised due diligence in inspecting the basement and showed their gross negligence in maintaining the area.
The list also showed that there was no operational pump in the sewage pit on Oct. 18, 2007, a day before the blast occurred.

Another proof of APMC’s “alleged recklessness” was their officers’ admission that the closed circuit TV cameras trained on the service stairs, ground floor and entrance of Glorietta 2 were not functional when the blast occurred, according to the petitioners.

Cleared

As for the BFP officials cleared by the DOJ, the petitioners said the firefighters failed to inspect the basement of the Glorietta 2 building.

The BFP officers cleared were SFO4 Anthony Grey, SFO2 Leonilo Balaois and Senior Insp. Reynaldo Enoc.