MANILA, Philippines - The Department of Justice (DOJ) yesterday concluded that leaking methane, not a bomb, caused the explosion that ripped through the Glorietta 2 shopping mall in Makati, which left 11 people dead and wounded scores of others in October 2007.
The DOJ cited the report of a fact-finding investigation that dismissed the claim of retired Army Col. Allan Sollano that the explosion was caused by a bomb.
The DOJ said there is no basis to change the earlier findings of authorities and independent foreign experts that the blast was caused by accidental leakage of methane gas at the basement of the mall.
In their report to DOJ Secretary Leila de Lima, the panel led by Senior State Prosecutor Peter Ong and Assistant State Prosecutor Gino Paolo Santiago recommended the investigation of Sollano “and other persons who may have acted with him” for obstruction of justice.
The panel cited Presidential Decree No. 1829, which states that any person knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of suspects the investigation and prosecution of criminal cases shall be penalized with imprisonment of up to six years and fined with P1,000 to P6,000.
The law applies to those who present evidence affecting the course or outcome of investigation or give false or fabricated information that mislead law enforcement agencies, the panel said.
De Lima told a news conference that she would study the panel’s recommendation.
Sollano disputed the findings of methane leak and claimed the explosion that rocked Glorietta was a deliberate act.
Sollano even claimed the authorities are trying to conceal the bombing and make it appear that an accident occurred.
He pointed to an alleged cover-up by the previous military and police leadership acting on orders of Malacañang to conceal a destabilization plot against former President Gloria Macapagal Arroyo.
Sollano’s former superior, now incumbent Armed Forces of the Philippines (AFP) chief Gen. Ricardo David Jr. denied the claim.
Sollano’s claim, however, prompted De Lima to order a reinvestigation of the incident.
After the reinvestigation, the DOJ panel junked the claim of Sollano and re-affirmed the findings in the earlier probe.
“The logical conclusion that could be drawn from testimonial as well as physical evidence presented is that the burnt plastic bag allegedly recovered by Col. Allan Sollano is seriously of doubtful character,” said the DOJ report.
The fact-finding body also concurred with the DOJ Resolution of the Panel of Prosecutors last April 2008 that said the explosion at Glorietta was probably caused by the ignition of biogas or diesel fumes as being amply supported by evidence.
The report said the post blast investigation failed to discover any traces of explosives or bomb component at the blast site.
The report cited findings of Task Force Glorietta and Thunderbolt Team, which provided for a more comprehensive and credible explanation that methane gas could have caused the explosion.
“Originally, five pumps were used to drain kitchen and sewer waste from the sump pits located at the basement of Glorietta. However, from June 7, 2007 to September 17, 2007, only two pumps were working,” the DOJ report said.
The report also said that from Sept. 18, 2007 to Oct. 18, 2007, or the day before the explosion occurred, only one pump was working.
“This caused waste water to flood the basement to a depth of around six inches near the sump pits since Aug. 2007 to October 18, 2007.
Due to the absence of ventilation and exhaust system, biogas and other volatile compounds produced by the waste water accumulated in the basement and in the raised floorings,” said the report.
The report further said the five manholes of the sump pits that were not covered further contributed to the accumulation of biogas in the basement.
“From the amount of biogas that accumulated in the basement, methane which forms 50 to 70 percent of biogas, reached a volume of 85.19 cubic meter or 5 to 15 percent vapor concentration in the air. This was enough to support combustion,” said the report.
The new DOJ report was issued after the reinvestigation was extended for a month because Sollano had failed to attend the hearings on Nov. 30 and Dec. 14 last year despite summons from the panel. His lawyers explained his absence on the hearings was due to supposed security threats.
Sollano only appeared during the first hearing on November 18 but was a no-show in the succeeding hearings.
The former Army officer later on claimed through an affidavit that he has in possession of a five-inch wick purportedly from an explosive device that caused the explosion.