Herbie Gomez Criminal negligence
Criminal negligence
Saturday, 07 January 2012 00:00
By Susan Palmes
NORTH Carolina––Criminal negligence is defined as the failure to use reasonable care to avoid consequences that threaten or harm the safety of the public. It is actionable in all jurisdictions. In the future case of the people of Cagayan de Oro City versus Mayor Vicente “Dongkoy” Emano, et al, I tell you why it would prosper and has a chance of winning. The evidence is strong and convincing. Consider the following facts, which actually are public knowledge:
1. Failure to heed the warning issued by the local and national Pagasa on typhoon Sendong. Ignorance or no information at all is not an excuse and it can not mitigate the penalty. It, rather, aggravates the penalty for the respondents are public officials headed by Dongkoy Emano. He is presumed to know all the information as to the safety of the people;
2. Failure to convene the disaster coordinating team or council (if existing), even if it exists on paper only. This is another violation of the policy of the Local Government Code as local governments are mandated to have one;
3. Failure to inspect the issuances of mining and quarrying permits;
4. Failure to provide canals, drainage and safety nets at the “Piso-Piso” subdivisions before the “Piso-Piso’ people were relocated;
5. Failure to correct the failed communication system of the 17 barangays in rural areas a long time ago; and
6. Failure to see the impact of conversion of agricultural areas to subdivisions.
These should be discussed:
• Public officials should know the weather condition and to inform the people at risk areas and use police power to evacuate them. • It is the duty of the mayor and members of the council to create and train a disaster preparedness team, and for the council to provide funds for it. A similar but not as strong typhoon (Auring) in 2009 wrought havoc to Cala-cala. The city showed no preparation in responding to times of similar calamities.
• Small-time mining businesses at the rural areas have become a political concession, and the effect is just devastating. • Canals and drainages were constructed without thorough study and are not based on the master plan. More often the constructions are palliative (meaning temporary but permanent), compounded by the fact that the contractor of all the infrastructure in the city is one such that quality suffered.
• There is failure in the communication system of the barangays hit by the typhoons. The distress call could not be made properly since the Scantel line is an issue by itself.
• A number of subdivisions were issued by virtue of legislated stamp, and many of these were converted from agricultural areas. Additional evidence will be presented any time. But without being biased against Dongkoy and Co., the case is so overwhelming for careless, neglectful and willfull blind governance.
There is a clear case for failure to foresee what would have been avoidable. There is failure to foresee wanton disregard for human life. This is gross criminal negligence. As of this time, the case against Dongkoy et al is not a baby charge. It can stand the scrutiny of the court. But what makes his infamy more inhumane and bestial is the dumping of the dead at the garbage site. The case would become the voice of an angry people. Let justice fall on those who have held the reign of city hall for many years.
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