Japanese developer, 5 others charged for 'Cherry Hills'

The Department of Justice (DOJ) has filed charges of reckless imprudence resulting in multiple homicide and damage to property against the Japanese real estate developer of the ill-fated Cherry Hills subdivision.

Indicted yesterday in the Antipolo City Metropolitan Trial Court (MTC) were Hiroshi Ogawa, general manager of Philippine Japan Solidarity (Philjas), president Tirso Santillan, assistant general manager Eliezer Rodriguez, and engineers Sixto Caday, Timoteo Layos and Virgilio Garcia.

The three-man panel, headed by Assistant Chief State Prosecutor Lualhati Buenafe, recommended P10,000 bail for each of the accused. The 277 complainants, including the families of the 58 who perished when a section of the hillside subdivision collapsed at the height of monsoon rains in August 1999, were seeking a total of P166 million in damages and indemnity.

Since it is a class suit, Philjas officials face a maximum penalty of four years imprisonment should they be found guilty of the charges. The lawsuit, however, has yet to be raffled off to a judge who is to preside over the case.

"There is sufficient evidence showing that respondents (Philjas executives) proceeded to develop the Cherry Hills without due regard to the pertinent laws, rules and regulations and to the safety of the lives and property of the unit buyers and occupants of the subdivision," the DOJ ruled.

Buenafe claimed Philjas officials knew, as early as 1998, of the instability of the mountain in which the six-hectare subdivision sat because homeowners had already reported cracks in their homes, but the real estate developer didn't act and instead directed them to occupy the vacant units.

"The evidence shows, however, that the respondents never secured any permit or ECC (environmental compliance certificate) from the authorities before digging the trench," the 26-page resolution read.

"Again, they never considered the geological and environmental impact of the trench vis-a-vis the stability of the hill slope with those 30-meter high rock cliffs at the north-eastern boundary of the subdivision," it added.

The DOJ likewise revealed that Philjas and the Department of Environment and Natural Resources (DENR) "had already become aware" as early as August 1993 that the Cherry Hills developer did not even secure an ECC for the project.

"The desire to have a modest home ... ended up in a haunting, nightmarish dream," the justice department said.

The public prosecutors also dismissed Philjas' defense that the incident (following continuous heavy rainfall on Aug. 3, 1999) was caused by force majeure, saying the Japanese developer should have "put up drainage structures and planted trees" in the subdivision.

It was also discovered that in the Philjas report to the Housing Land Use and Regulatory Board (HLURB), it stated that the subdivision sat on only 15 percent slope, when records of a Senate hearing said it actually sat on 27 percent slope.

Philjas has blamed the government, the DENR, HLURB and the Antipolo government in particular, as the ones responsible for the tragedy.

"These government agencies could have stopped our operations had they not been in compliance with the required engineering standards," it reasoned out.