Charges filed against Don Mariano Transit, bus driver over Skyway crash

(Updated 8:12 p.m.) Charges have been filed against Don Mariano Transit and the driver of the ill-fated bus that fell off the Skyway in Taguig, the Philippine National Police's Highway Patrol Group (HPG) said Tuesday.

HPG spokesperson Superintendent Elizabeth Velasquez said the registered owner of the bus line as well as the bus driver Carmelo Calatcat are facing charges of reckless imprudence resulting in multiple homicide, injuries and damage to property.

The charges were filed in the Parañaque City Prosecutors' Office.

"Na-file na ang kaso sa Hall of Justice kanina after lunch. Ang complainants... are all relatives of the dead victims," Velasquez said.

However, second assistant city prosecutor Napoleon Ramolete said the case is a criminal one and thus involves the driver and not the bus company.

"Criminal case lang ito, 'yung person involved, 'yung driver lang. 'Yung sa operator, mag-file na lang sila ng separate civil case," Ramolete said.

The bus crashed through the Skyway's railing and and fell on a van below early Monday. Eighteen bus passengers were killed, while 16 other people including the van's two occupants were injured.

The bus driver survived but is in critical condition.

The tires of the bus were found to be worn out. Survivors also said the driver seemed to be sleepy at the time of the incident and that he was driving beyond the speed limit even though the road was wet.

"Napaka-importanteng parte ng sasakyan ang gulong. Imagine, 'yung [gulong na] gamit mo, kalbo, so ang mangyayari either mag-wi-wiggle 'yun or hindi kakapit ang brake pag inapakan mo," Velasquez said in a "24 Oras" report.

Velasquez said the HPG is also not ruling out the possibility of mechanical defect as causing the crash.

"These are all speculations. It could be human error. It could be mechanical defect... 'Yun 'yung mga possibilities," she said.

Louie Maralit, head of the traffic management and security department of the Skyway O & M Corp., said in the report that owners of Class 1 vehicles may oppose the proposal that buses should take up the left portion of the road to avoid incidents of falling.

He added that the Skyway did not fail to remind drivers of the 60 kilometer per hour limit during rain.

A lawyer for Don Mariano Transit had claimed that the accident was an "isolated" case.

However, since 2007 the bus line has figured in seven accidents, including Monday's incident, according to a "24 Oras" report on Monday.
 
In July 2012, six were hurt when a Don Mariano bus rammed the railings of the EDSA Ortigas flyover. The driver was supposedly texting when the incident happened.
 
In August 2012, another Don Mariano bus hit a motorcycle in Magallanes area in Makati, instantly killing the rider.

Also last year, Don Mariano Transit buses racked up 12 speeding violations, two more for failure to wear a seat belt, and one for a defective tail light, according to the report quoting a source knowledgeable about the bus company's record.

This year, the company was charged with six speeding violations, three more for failure to wear a seat belt, one for opening the door while in motion, and another one for obstruction. — Marc Jayson Cayabyab/BM, GMA News