The relatives of the victims of the Payatas Tragedy through their lawyers announce that they will file tomorrow, August 22, 2000 at 11:00 a.m. criminal and administrative charges in the Office of the Ombudsman against the following public officials:

Hon. Quezon City Mayor Ismael Mathay

1. Criminal case for mass homicide thru reckless imprudence under Article 365 of the Revised Penal Code

2. Criminal Cases for violations of Section 3 paragraphs (e), (f), (g), (h) and (i) of the Anti-Graft and Corrupt Practices Act, Republic Act 3019, which provide:

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

3. Administrative case for Gross Negligence, Conduct Prejudicial to the Best Interest of (Public) Service, Incompetence and Inefficiency in the Performance of Official Functions.

Hon. Jejomar Binay, Chairman, Metropolitan Manila Development Authority (MMDA)

1.Criminal case for mass Homicide thru Reckless Imprudence under Article 365 of the Revised Penal Code.

2. Criminal case for violations of Section 3 paragraphs (e), (g) and (j) of the Anti-Graft and Corrupt Practices Act, R.A. 3019, which are quoted above.

3.Administrative case for Gross Negligence, Conduct Prejudicial to the Best Interest of the (Public) Service, Incompetence and Inefficiency in the Performance of Official Functions.

Hon. Robert Aventajado, Secretary, Presidential Flagship Projects and Chairman, Presidential Task force on solid Waste Management

Administrative case for Gross negligence, conduct Prejudicial to the Best Interest of Public service, Incompetence and Inefficiency in the Performance of Official Functions.

Barangay Captain Emerita C. Pecson

1.Criminal case for mass Homicide thru Reckless Imprudence under Article 365 of the Revised Penal Code.
2.Criminal Cases for violations of Section 3 paragraphs (e), (f), (g), (h) and (i) of the Anti-Graft and Corrupt Practices Act, Republic Act 3019.