Japanese developer held for 1999 tragedy

A Japanese developer was arrested yesterday by police after the justice department reversed a lower court ruling that absolved him of responsibility in the death, three years ago, of 64 people in a landslide at a housing estate his company had constructed.

Hiroshi Ogawa, the 41-year-old manager of real estate development company, Philippine-Japan Solidarity Inc. (Philjas), did not resist arrest when police served him his warrant at his house in Makati City.

The Japanese has been given temporary liberty after he posted a P20,000 bail bond, police said.
Yesterday's arrest was the second for Ogawa who was out earlier on bail he posted for the same case.

Ogawa's Philjas constructed the Cherry Hills residential subdivision in Manila's eastern outskirts of Antipolo City which collapsed in 1999 during a landslide, killing 64 people.

On Monday, the department of justice (DoJ) reversed a ruling by Antipolo prosecutors dismissing criminal complaints filed against Ogawa and other Philjas officials in connection with the tragedy.

In a two-page resolution released on Monday, Justice Secretary Hernando B. Perez ordered the city prosecutor of Antipolo City "to file the appropriate information against Hiroshi Ogawa, Tirso Santillan and Eliezer Rodriguez". Santillan and Rodriguez, both Filipinos, are assistant managers of Philjas.

The three had earlier obtained a favourable ruling from the Antipolo City prosecutor's office due to court technicalities.

The prosecutors dismissed the complaint filed by five survivors of the Cherry Hills tragedy against Ogawa for violation of Presidential Decree No. 957, which regulates the sale of subdivisions, lots and condominiums, and provides penalties for violations thereof.

Ogawa and his group claimed that under the said law, the victims cannot file a case against them for violating the presidential decree since it is the housing and land use regulatory board (HLURB) that has the exclusive jurisdiction to regulate the real estate business.

The five victims, Mary Ann Bernardo, Danilo Tomas Dagdag, Merly Guinto-Garcia, Susan B. Guinto and Bernardo Veloso then elevated the case to the justice department.

In his ruling, Perez pointed out that HLURB's exclusive jurisdiction "is limited only on the administrative and civil aspect" and that "violations of the said laws, which are criminal in nature, are within the jurisdiction of regular courts".

"Therefore, the determination of probable cause lies with the office of the prosecutor," Perez added.

On August 3, 1999, some 100 houses in the Cherry Hills residential area collapsed and slid down the hill on which it was built after its foundations filled with water. Sixty-four people died while scores were injured after they were buried beneath tons of rubble and mud.

The HLURB had earlier ordered Philjas to pay damages to the Cherry Hills victims.