Ozone Disco engineer asks court to dismiss case against him

A former Quezon City engineer asked the Sandiganbayan’s Third Division to dismiss the charge filed against him in connection with Ozone Disco fire 11 years agothat killed 162 people.

In his 12-page motion, Alfredo Macapugay claimed that the charges for reckless imprudence resulting to multiple homicide and multiple  physical injuries filed by the Office of the Ombudsman was "defective and unsubstantiated."

He said the acts imputed against him were not the direct cause or proximate cause of deaths or injuries of the fire victims

Macapugay was accused of negligence in the performance of his duties because his office issued building permits and modification clearances to the owners of the Ozone Dance Club even if no actual inspection was made.

Prosecutors said the 162 fatalities and those who were injured in the March 19, 1996 tragedy were trapped because the building has no exit.

They said the entrance door was a "swing-in type" although the building code required that such establishments should have a "swing-in-swing-out" entrance door and a "swing-out" exit.

Macapugay said he did not personally approve the applications for the permits and it was actually another engineer, identified as Donato Rivera, who approved the renovation in 1991.

He also said the building permit, building plans and  occupancy permit were approved by Assistant City Engineer Benjamin Malinao in 1992.

He said the delegation of said functions was pursuant to the 1978 Order No. 44 of the Ministry of Public Works and Highways.

Prosecutor Arieta Say countered, however, that Macapugay had no authority to delegate his functions to his subordinates.

"The validity of Ministry Order No. 44 is not the one in question but the validity or legality of the delegation made by the accused," the prosecution said, noting that only the DPWH secretary is authorized to make such delegation of responsibility.