Sandigan reprimands ex-QC exec in Manor Hotel fire for delay

MANILA, Philippines – No to a motion seeking dismissal of graft charges against a former Quezon City engineer involved in the Manor Hotel fire in 2001 that killed 74 people.

This was the decision of the Sandiganbayan on a motion filed by former Quezon City Engineer Alfredo Macapugay who wanted the anti-graft court to dismiss 3 pending graft charges against him.

The Sandiganbayan’s 7^th Division said, “The Court is extremely disappointed with the accused’s futile attempt to further delay the resolution of these cases by belatedly filing a baseless motion to dismiss. Clearly, this Court cannot countenance such a ploy by the accused, especially after so much time and resources have been spent trying these cases.”

Macapugay had been participating in the court’s proceedings in the past 14 years and was reprimanded for invoking a technicality in his bid to have charges against him dismissed.

In his motion filed last December 12, the former city engineer claimed the Ombudsman erroneously charged him as a “city engineer or building official” in relation to approved operations of Manor Hotel in the years 1999, 2000, and 2001 – despite a previous recommendation for closure by the Quezon City Fire Marshall.

He argued that Section 477 of the Local Government Code specifies that “inspection and supervision of private buildings were not included” in the list of a building official’s responsibilities, thus making the charges against him defective.

Macapugay also said it’s the responsibility of the “city building official” to check on the structural safety of private establishments and that this was a task assigned to him as city engineer because Quezon City does not have a specific office or department designated as “city building official.”

Following this, the cases should have been filed with the courts of first instance instead of the Sandiganbayan, which has jurisdiction only over cases involving department heads.

The Sandiganbayan however dismissed Macapugay’s arguments for “utter lack of merit”.

The anti-graft court said, “There is no doubt that this Court has jurisdiction to try the cases herein against the accused as City Engineer.” The Local Government Code specifies that the “city and municipal engineer shall also act as the local building official.”

In its resolution, the Sandiganbayan also said, “The mandatory character of the City Engineer’s designation as the building official is further reinforced by a legal opinion rendered by the Department of [the] Interior and Local Government stating that upon the creation of the Office of the Building Official, the city or municipal engineer automatically becomes the head thereof.”

After close to 15 years of litigation, it would be improper for the Court to dismiss the cases against Macapugay, citing his belated objection to the jurisdiction of the Sandiganbayan.

Now that the case is “at the homestretch of the lengthy and tortuous road leading to the long-awaited resolution of these cases – casts doubt upon his motive. This court, cannot, in good conscience, grant the same,” the Sandiganbayan said, referring to Macapugay’s motion.

The former city engineer was ordered to submit his memorandum within 10 days after being served a copy of the Court’s resolution. With or without his memorandum, once the period lapses, the cases will be deemed submitted for resolution. – Rappler.com