Families of fatalities in bus crash mull class suit vs. Florida bus company

By AMANDA FERNANDEZ, GMA News

Published February 20, 2014 3:57pm

After the mourning comes the pursuit of justice.

But the families of 15 fatalities of the Florida bus crash last Feb. 7 have yet to agree whether they will pursue it collectively.

In a phone interview with GMA News Online, Ayeen Karunungan, spokesperson of the artist collective Dakila, said the families, including the wife of the late comedian Arvin "Tado" Jimenez, are discussing the details for a possible class suit against the owners of G.V. Florida Transport Inc. One of its buses fell into a ravine in Bontoc, Mt. Province on Feb. 7, killing their loved ones.

"Wala pang final, pero so far, criminal and civil cases," she said, when asked what cases they might file against the company.

Florida's bus route to Bontoc was unauthorized

The bus full of artists, musicians and backpackers that fell into a Mountain Province ravine last February 7, killing 15, was traveling to Bontoc without a permit for that route, according to both government regulators and a company lawyer.

G.V. Florida Transport buses had been plying mostly highway routes in Luzon throughout its existence, until just last September when it began journeys along narrow and landslide-prone roads in Mountain Province. They were the only buses attempting that harrowing route.

Florida's lawyer Alex Versoza said it was only in September 2013 when the bus company started its Manila-Bontoc route after acquiring the franchise from Mountain Province Cable Tours.

However, the "private transaction" of G.V. Florida Transport Inc. and Mountain Province Cable Tours was not approved by the LTFRB, Joel Balano, LTFRB Information Officer, earlier told GMA News Online.

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Karunungan said this after the Land Transportation Franchising and Regulatory Board, together with the Insurance Commission, were able to convince the owners of G.V. Florida Transport to shell out money for the fatalities.

At the hearing on the incident, LTFRB chairman Winston Ginez said each family of the 15 fatalities will receive P150,000 in insurance benefits—P100,000 from G.V. Florida Transport, Inc. and P50,000 from an insurance consortium.

However, Ginez stressed that there are no strings attached to the money given to the family of the fatalities.

"Hindi po ito nakatali dun sa anumang additional claims, cases that you may pursue against the parties involved in this case. Maliwanag po 'yan sa G.V. Florida, sa Dagupan Bus, kay Mr. Norberto Que. So kung ano pa 'yung gusto ninyong i-pursue na mga legal options and remedies ay nasa inyo pong pagdedesisyon at ng inyong abugado," he said.

Que is the owner of Mountain Province Cable Tours, which was sold to G.V. Florida Transport Inc. Earlier findings indicated the ill-fated bus used the license plate of a unit of Mt. Province Cable Tours.

Lawyer Alex Versoza, lead counsel for G.V. Florida Transport, admitted the company used the buses of Mt. Province Cable Tours even without a franchise. He said the company just wanted to cater to the needs of the public commuters.

With her head newly shaven in protest, the widow of Tado, Lei Jimenez, defiantly refused the insurance benefit offered by G.V. Florida Transport last Wednesday, February 19.

“Hindi niya tinanggap 'yung tseke kasi parang insulto na magbibigay ka tapos papa-picture ka. Meron siyang ipinaglalaban,” Karunungan earlier told GMA News Online in a phone interview.

On the other hand, Benjamin Sicam, father of musician Andrew David Sicam, one of those killed in the accident, personally accepted the check after the hearing.

Sicam said he appreciates the gesture of the bus company but will still file a case if necessary.

Obligations

According to lawyer Trixie Cruz-Angeles, former spokesperson for the Integrated Bar of the Philippines, under the law, the owners of G.V. Florida Transport Inc. may be held liable for the deaths of passengers if proven that they have failed to meet their responsibilities as "public carriers" or persons, corporations, firms or associations in the business of transporting passengers.

She said, under the law, the primary obligation of a public carrier is to safely carry goods or transport passengers to their destinations.

According to Section 4 of the Civil Code of the Philippines, company owners are presumed to have been at fault in case of death or injuries to passengers, unless proven to have observed "extraordinary diligence" in assuring the safety of passengers.

Cruz-Angeles noted that among the obligations of the bus company is making sure the driver is capable of transporting passengers.

"'Yung capacity ng driver, may license ba siya, nakainom ba siya, nakatulog ba siya, may kakayahan ba siyang bumiyahe," Cruz-Angeles said, noting that aside from the driver, owners are also held liable for the actions of their employees.

She added that the bus company should also have made sure that their buses were in good condition before allowing them to transport passengers.

According to an earlier report, defects were found on the ill-fated passenger bus that plunged into a ravine last February 7.

The investigating team, composed of local police and mechanics from the auto equipment inspection unit of the Department of Public Works and Highways (DPWH) found a faulty emergency brake and the absence of an exhaust brake.

The report also said bus driver Edgar Renon admitted that he had a problem with the brakes, although he denied that he was sleepy when the accident happened.

Several counts of reckless imprudence resulting in multiple homicide and physical injuries were filed against Renon, who is now under the custody of authorities, according to an earlier report.

Reynon will be arraigned on February 21, it added.

Versoza earlier said the accident was not caused by faulty brakes, but by human error. He said the bus had a braking system designed to automatically stop the vehicle in case the brakes fail.

he said the accident was most likely caused by the bus driver miscalculating the sharpness of the road’s curve because of heavy fog.

“It’s a one-lane road at super kapal daw 'yung fog early in the morning. Nagkaroon ng miscalculation doon sa kurbada,” he said.

Willing to help

Earlier, Versoza said almost all families of the fatalities have been approached by the bus company for financial assistance.

"Out of 15, isa na lang ang hindi namin ma-locate," he said. "Pero pinaabot na namin ang tulong para sa funeral and medical services."

For his part, Virgilio Florida Jr. told radio dzBB Wednesday evening that they reached out to the victim's families.

"Nagpadala kami ng emissary at condolences sa mga pamilya. Pinasabi ko na our support is available. We are willing to help," he said.

"Si Mr. Sicam, ama ni David Sicam, tinanggap na ang check, aming settlement. Most have responded. We have given full support, paid for all hospital expenses. 'Di namin pwedeng talikuran," he added.

He also tried but failed to contact the widow of Tado through Dakila, the group that the late comedian helped found.

Florida also said he remains hopeful that they will still be able to continue their family business.

"Minana lang namin ito sa aming mga ninuno at gusto rin naming ipamana," he said. —KG/JDS, GMA News

Tags: floridabuscrash, gvfloridabus, gvfloridatransportinc, ltfrb