MANILA, Philippines - Tuguegarao City Mayor Delfin T. Ting was charged with dereliction of duty, negligence, and tolerance in connection with the fire that hit a pension house in the city last December 19, claiming the lives of 16 persons, including nine nursing graduates. The Department of the Interior and Local Government-Inter Agency Anti-Arson Task Force (DILG-IATF) filed the charges against Ting before the Department of Justice (DoJ) for violation of Article 208 (Prosecution of Offenses, Negligence, and Tolerance) of the Revised Penal Code (RPC). Under Article 208 of the RPC, the penalty of "prision correccional" in its minimum period and suspension shall be imposed on any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses. The duration of the penalties of "prision correccional," suspension, and "destierro" shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Charged with reckless imprudence, resulting in multiple homicide and multiple physical injuries, under Article 365 of the RPC was Araceli L. Fondevilla, the alleged operator of the pension house. The criminal offense was committed in violation of the provisions of Republic Act No. 9514 (An Act Establishing a Comprehensive Fire Code of the Philippines, Repealing Presidential Decree No. 1185). Fondevilla was among the residents of the burnt pension house. In an affidavit filed before the DoJ, the DILG-Inter Agency Anti-Arson Task Force said reckless imprudence, resulting in multiple homicide and multiple physical injuries, should have been filed against Michael Norman Fondevilla, the owner of the Bed and Breakfast Pension House, site of the fire, but his death extinguished his criminal liability. He was among the fatalities in the fire. Included in the charge sheet was Gil Fondevilla Semanero for violation of PD 1829 (Obstruction of Justice).
Senior Supt. Fennimore V. Jaudian, chief of DILG-IATF Composite Team, the government agency presented a sketch of the fire scene, photographs and videos of the fire scene, death certificates, reports of laboratory results, and sworn statements as evidence. Several people, including nine nursing graduates who were hours away from taking the two-day licensure examinations last December, were killed when fire destroyed the budget hotel and a semi-commercial building at the corner of Luna and Mabini Streets in Tuguegarao City, Cagayan. Senior Supt. Mao Aplasca, Cagayan Police Provincial Office (PPO) director, said the fire broke out at 1 a.m., initially trapping to death most of the victims in the two buildings. The fire reportedly started at a residential-commercial building and then jumped to the five-story Bed and Breakfast Pension House, where the nursing school graduates were staying in preparation for the state board examinations.
Superintendent Pedro Martirez, chief of the Tuguegarao City Police, said the bodies of the nine male nursing graduates from the University of La Sallete in Isabela City, Isabela were retrieved along with six others. The charred remains of a couple who owned one of the destroyed buildings and their two grandchildren were also among the fatalities. Martirez identified six of the fatalities as Norman Fondevilla, Anniedel Fondevilla, Mildred de Leon, Karylle de Leon, Josh de Leon, and a certain Jen, reportedly the househelp. "All the victims were trapped in the two buildings. They were burned beyond recognition. Most of the victims were already identified through their relatives and companions," Martirez said.
