Former QC engineer charged in connection with Ozone Disco fire acquitted

The Sandiganbayan has acquitted former Quezon City engineer and building official Alfredo Macapugay of criminal liability in connection with the death of 162 people, mostly teenagers, in the Ozone Disco fire 11 years ago.

In its 24-page resolution promulgated last Aug. 16, the Sandiganbayan’s third division said the prosecution failed to present evidence that Macapugay had any involvement in the grant of safety clearances and permits  to the establishment without conducting an actual inspection and despite several structural defects that allegedly rendered the Ozone Dance Club a fire trap.

“To convict someone who apparently had no hand in the issuance of the subject building permits is anathema to the concept of justice. And while a verdict of guilt does not require absolute certainty, it is necessary that the prosecution’s evidence in its totality should produce moral certainty of the accused’s culpability in the Court’s unprejudiced mind. The prosecution has failed in this regard,” the Sandiganbayan said in its resolution.

The Sandiganbayan also dismissed claims of damages for civil liability against Macapugay filed by relatives of the fire victims.

Macapugay was earlier charged with reckless imprudence resulting to multiple homicide and multiple physical injuries for alleged negligence in verifying the safety of the plans and facilities of the disco house when it was constructed in 1991 and again when it was renovated in 1992.

Macapugay was the only defendant named in the case.

The complaint said that on March 18, 1996, Macapugay, as the city engineer and building official,  had committed the offense in the performance of and in relation to his official function and position, without due regard to the consequence of his action or inaction and the safety of the patrons of Ozone Dance Club located along Timog Avenue in Quezon City.

The complaint alleged that the accused voluntarily, unlawfully and feloniously failed to evaluate, verify and determine the feasibility, soundness and safety of the plans and specifications of the Ozone establishment upon submission at his office.

In its resolution, the Sandiganbayan said the totality of the prosecution’s evidence is insufficient to prove Macapugay’s guilt for the offense charged.

Instead, the court noted that documentary evidence points to former assistant city engineer Benjamin Malinao as the one who examined Ozone’s applications and approved the issuance of permits and clearances.