Japanese owner of Cherry Hills nabbed, 2 years aft

Police agents arrested yesterday morning a Japanese real estate executive whose firm developed the Cherry Hills Subdivision in Antipolo City, where more than 50 persons were buried alive two years ago.

Philjas Corp. general manager Hiroshi Ogawa was nabbed by Criminal Investigation and Detection Group (CIDG) operatives shortly after he arrived at his Makati City residence in Bel Air Condominium located at the corner of P. Burgos and Kalayaan streets at about 7:20 a.m. yesterday.

Ogawa, together with Timoteo Santillan and Eliezer Rodriguez, is facing two counts of multimillion-peso damage suits and one criminal case in connection with the alleged faulty and defective development of Cherry Hills Subdivision before the Antipolo City Regional Trial Court.

Santillan and Rodriguez are the president and assistant general manager, respectively, of Philjas.

Antipolo City RTC Judge Felix Caballes of Branch 72 and Judge Francisco Quirubin of Branch 74, issued the warrant against the suspects. The courts set a P20,000-bail bond for each case — two counts for violation of the Subdivision and Condominium Buyer’s Protective Decree, reckless imprudence resulting to multiple homicide, frustrated homicide and damage to property.

Ogawa expressed surprise over his arrest, claiming that the cases filed against Philjas have already been dismissed by the Antipolo City prosecutors’ office.

"I want to study the allegations. When the complaints were dismissed by the prosecutors in November last year, it was established that we did not violate the subdivision and condominium law," Ogawa said.

Ogawa, however, acknowledged that Philjas was at fault for its failure to secure the DENR’s Environment Compliance Certificate.

"Except for the ECC, we did not violate any law," Ogawa said.

It can be recalled that all cases filed against the Philjas executives did not even reach the proper court after the Antipolo City Prosecutors Office initially dismissed them.

The dismissal of the cases prompted the victims’ private prosecutors headed by lawyer Irwin Daga, to appeal the ruling before the Department of Justice (DOJ), which reversed the ruling of the Antipolo City Prosecutors Office.

On the evening of Aug. 3, 1999 residents of Cherry Hills Subdivision were awakened by a thundering sound of cascading soil coming from a hill overlooking the middle-class community.

By morning the following day the official death count was 58, 36 seriously injured, and more than 100 houses buried or destroyed.

The incident triggered an uproar from almost all sectors, for the review of the government’s implementing rules and guidelines in real estate development.