Sandigan refuses to junk graft case vs ex-QC official over Manor hotel fire

Sandiganbayan. INQUIRER FILE PHOTO

MANILA — The Sandiganbayan has denied a last-minute push by a former Quezon City building official to junk his graft case over the 2001 Manor Hotel fire on technical grounds.

In a 15-page resolution, the Sandiganbayan Seventh Division said former city engineer and building official Alfredo Macapugay could no longer question its jurisdiction on the case after almost 15 years of taking part in court proceedings since he was charged in 2002.

It said Macapugay was barred by the doctrine of estoppel by laches from raising this issue after not having done so for so long.

“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,” read the Jan. 27 resolution penned by Justice Zaldy Trespeses.

The doctrine is applied by the court in cases when the claimant has unreasonably delayed or has been negligent in asserting a claim.

The court said it was “mindful of how important these cases are,” and took note of the effort and resources poured by the court and the parties.

“Clearly, this Court cannot countenance such a ploy by the accused, especially after so much time and resources have been spent trying these cases,” it added.

The court directed Macapugay to file his memorandum within 10 days of being served the resolution, so the main case can finally be submitted for decision.

Macapugay was accused of graft for allowing the owners of Manor Hotel to continue doing business from 1999 to 2001 even as the city fire marshall had recommended its closure. On Aug. 18, 2001, a fire gutted the hotel and killed 74 guests, most of whom were trapped in rooms with barred windows.

Although the case has finally reached its home stretch, the ex-official filed a Dec. 12 motion to dismiss, challenging the court’s jurisdiction over the case.

Macapugay argued that the charge had nothing to do with his official position as city engineer, who are covered by the Sandiganbayan’s jurisdiction under Section 4(a)(1)(b) of Republic Act No. 8249.

While begrudging that the allegation concerned his additional capacity as the city building official, he argued that such designation did not fall under the Sandiganbayan’s jurisdiction.

But the court refused to give weight to  Macapugay’s “attempts to push the cases herein out of the Sandiganbayan’s jurisdiction by feigning a dichotomy between his position as City Engineer and as the City Building Official.”

It said the functions of the local building official “are part and parcel of the powers and duties of the city or municipal engineer” under the Local Government Code of 1991.

The court also said the timing of the motion “casts serious doubt upon his motive,” because the trial proceedings could have wrapped up earlier had Macapugay filed his memorandum expected in November.

The court’s Fifth Division in April 2015 previously sentenced Macapugay to six to 10 years’ imprisonment for graft in connection with the Ozone Disco Club inferno that killed at least 162 on March 19, 1996.  SFM