Cherry Hills: Main case still in court

On the night of Aug. 3, 1999, a massive landslide destroyed more than 300 homes and killed at least 59 people at Cherry Hills Subdivision in Antipolo City.

The disaster occurred after days of rain. More than 500 millimeters of rain had fallen from Aug. 1 to Aug. 3, breaking a 35–year record.

Cherry Hills was developed by Philippine-Japan Solidarity Corp. (Philjas), but even early on, many buyers had complained that the developers failed to complete the project as planned.

Inspection by the Mines and Geosciences Bureau following the tragedy found that the project was built on very unstable ground and did not have a sufficient drainage system. The bureau also said the area was vulnerable to ground slippage because of a dangerous slope to the west.

Philjas Corp. disputed the findings, saying that nobody “could have prevented what happened in Cherry Hills.” But it later gave each family P15,000, and another P10,000 to those who lost a member.

A Senate investigation concluded that the disaster “was not force majeure” as the developer claimed, but a result of the negligence of the developer and of government agencies, which failed to enforce rules on the construction of low–cost homes.

The Senate report cast blame on the Housing and Land Use Regulatory Board, the Antipolo City government and Philjas for the destruction and deaths.

In December 1999, the Office of the Ombudsman recommended the dismissal of five housing and environment officials for “gross neglect of duty” in relation to the disaster and asked that 13 other housing, environment and Antipolo City officials be suspended.

Several residents filed criminal charges in the Antipolo Regional Trial Court against Philjas officials Hiroshi Ogawa, Tirso Santillan and Eliezer Rodriguez, accusing them of failing to complete the development of the subdivision.

However, the Antipolo City prosecutor’s office dismissed the cases, citing lack of basis. This prompted the residents to bring the case to the Department of Justice.

In August 2002, then Justice Secretary Hernando Perez ordered the filing of a criminal information against the developers for failing to complete the subdivision.

In April 2004, Santillan, Rodriguez, Timoteo Layos and Virgilio Garcia pleaded not guilty to charges of reckless imprudence. Sixto Caday had died, while Ogawa had apparently fled or was in hiding.

In June 2009, Santillan pleaded not guilty to charges of reckless imprudence before the Antipolo RTC Branch 74. Judge Mary Josephine Lazaro issued warrants of arrest for Ogawa and Rodriguez, who had also disappeared. Inquirer Research