The Court of Appeals has given the go signal to prosecute the accused in the October 19, 2007 Glorietta 2 blast that left 11 people dead and over 100 people injured.
In a 16-page decision, the appeals court 10th division through Associate Justice Mariflor Punzalan-Castillo dismissed the petition filed by respondents Engr. Ricardo Cruz, operations manager of Metaline Enterprise and Miguel Velasco Jr., the company’s foreman.
The two are among those charged by the Department of Justice (DOJ) with a crime of Reckless Imprudence Resulting in Multiple Homicide, Multiple Physical Injuries and Damage to Properties.
Metaline Enterprise was the contractor of Makati Supermarket Corporation. It was contracted by the Ayala group to install the ventilation system at the basement of Glorietta 2.
The appeals court is within the Executive, through the prosecutor and the Secretary of Justice, the function of determining if there is probable cause to file a case in court.
“The determination of probable cause for purposes of filing information in court is essentially an executive function that is lodged at the first instance, with the public prosecutor and, ultimately, with the Secretary of Justice,” the appeals court said.
“The prosecutor and the Secretary of Justice have wide latitude of discretion in the conduct of preliminary investigation and their findings with respect to the existence or non existence of probable cause are generally not subject to review by the Court,” the appeals court said, adding that there is no grave abuse of discretion on the part of the DOJ.
The appeals court also dismissed the argument of the two that they were not among those originally charged by the complainants–Multi-Agency Investigation Task Force Glorietta, then prepared by P/Chief Supt. Luizo Ticman.
The appeals court added that the petitioners also used the wrong remedy in taking the case straight to the Court of Appeals.
“Again, what the petitioners should have done was to file a petition for review before the Secretary of Justice of the denial of their motion for reconsideration by the panel of prosecutors,” the Court said.