Don Mariano bus franchise canceled due to Skyway crash

Published January 14, 2014 11:10am

(Updated 2:10 p.m.) The Land Transportation Franchising and Regulatory Board (LTFRB) on Tuesday canceled the permit authorizing the operation of Don Mariano Transit following the horrific Skyway crash of one of its buses last December that killed 21 people.

The bus had been speeding on the rain-slick highway on December 16 when it struck the railing and fell four stories to the road below. The driver died in a hospital before he could explain how it happened. The bus was found to have bald, worn-out tires.

It was the deadliest road crash in the country in 2013.

“With all the [pieces of evidence] submitted, gathered and discussed, there is no doubt that Don Mariano Transit Bus Corporation has repeatedly failed to comply with the terms and conditions of the CPCs [Certificate of Public Convenience] granted to it,” LTFRB chairman Winston Ginez said in a separate statement.

Lawyer Jason Cantil, legal counsel for Don Mariano Transit, said they will file a motion for reconsideration, adding that many employees, including bus drivers, conductors and mechanics, will be left unemployed due to the cancellation of the franchise.

The company deploys 78 buses. However, the same family, headed by Dr. Melissa Lim, owns six other bus firms, none of which were affected by the LTFRB decision.

The crash initially killed 18 people and injured 16 others, while the bus driver succumbed to his injuries seven days later. The LTFRB statement said 21 passengers were killed, while 24 were injured in the tragedy.

Aside from the Skyway crash, the LTFRB also considered other violations of the franchise, including the unauthorized transfer of the chassis of buses to other vehicles without the permission of the LFTRB or the Land Transportation Office, according to the Balitanghali report.

The LTFRB also found deficiences in the buses owned by Don Mariano Transit Corp.

"Based on reports submitted by LTO which was corroborated by the PNP-RHPU-NCR investigation... six (6) tires (two in front and four at the rear) of the bus are already worn out and not safe in driving under bad climate condition," it said in a statement.

Meanwhile, according to an earlier report, a records check on the company conducted by the LTFRB in December showed Don Mariano Transit was operating without the proper compliance certificate from the Labor Department.

The labor compliance certificate is given to bus companies that implement a two-tier payment system for their drivers and conductors. Under this system, the bus drivers and conductors are paid a minimum wage at the first tier, and a performance-based commission at the second tier.

Such a system was meant to discourage bus drivers from racing or jockeying for position to accommodate as many commuters as possible.

But an earlier report on dzBB quoted a driver of the company as saying they allegedly had to work in shifts of up to 21 hours and were still paid on a commission basis.

Following the tragedy last month, the LTFRB slapped the Don Mariano Transit with a 30-day suspension on all its buses. Their drivers were also told to undergo mandatory drug tests and road safety seminars.

The Skyway accident was not the first time involving a Don Mariano bus. In July 2012, one of its buses almost fell off the EDSA flyover in Ortigas, resulting in a 60-day suspension of the company's fleet.

The Don Mariano Transit is among the bus companies with the most property damage-related incidents in 2010 and 2011, based on records of the LTFRB.

Financial assistance

Earlier, Cantil said they would pay for the funeral expenses and hospitalization bills of the victims.

He added that although they haven't agreed to a standard payment, they will already hand out financial assistance to some victims.

“Yung minor pong injuries bibigyan po namin sila ng P10,000 po. Tapos 'yung iba po naman nakikipag-negotiate naman kami,” Cantil said.

He also said they are studying the option of preparing a quit-claim waiver for the victims. — with Amanda Fernandez/RSJ/KG/HS, GMA News

Tags: donmarianotransit, skywayaccident, ltfrb