Throw the book at the Don Mariano group

Recently, we witnessed a tragedy when a Don Mariano passenger bus fell off the Skyway in Parañaque City and crashed onto a van plying the service road beneath. The tragedy caused injuries to 21 persons and claimed 18 lives.

As I watched the news, I could just imagine how difficult it was for the families of these individuals (including my driver Arman Balurin, who lost his 19-year-old son, Arvind) to accept the fate of their loved ones.

There is no question about it now; those responsible have to be held accountable.

For starters, the bus driver and operator should be subjected to criminal prosecution; the bus company should be made liable for millions of damages to its victims and their families; the responsible directors and officers should be made personally liable; and pending the cases against them, their properties be attached and bank accounts frozen.

For the medium term, there should be cancellation of the franchises of Don Mariano and its related companies; revocation of their SEC registration to operate as companies; and disqualification of their directors and officers to act as such for any transport company.

For the long term, their owners should forever be disqualified from operating any transport-related business under any other name or form and on the part of the government, there should be a long-term and more concrete approach to prevent these unfortunate incidents on the road.

Based on the survivors’ accounts, the Don Mariano bus driver appeared sleepy, and based on the CCTV footage, the bus was swerving and appeared to have been going beyond the speed limit. Indeed, it was a tragedy waiting to happen. After the incident, the bus’ tires were discovered to have been worn-out. Upon inspection, it was found out that 36 of the 42 Don Mariano buses failed the road-worthiness tests conducted by the Land Transportation Office (LTO).

What was more appalling is that it appears that the Don Mariano owners and management personnel failed to appreciate the gravity of the incident. While they offered to pay for the loss of the victims’ lives, the amount offered only adds insult to injury. Their actions make them out as callous and without any remorse at all.

What is most worrisome is that Don Mariano has six sister bus companies. These bus companies are Fermina Express, Mencorp., Commuters, Roval Transport, Nova Auto Transport and Admiral Transport. In total, the Don Mariano group has 474 bus units. These bus companies are owned by almost the same set of individuals with a certain Melissa Lim (not at all related to this author) holding majority interest.

This group of bus companies has something in common other than ownership—their buses are the deadliest buses traversing our metropolis.

A report of the Land Transportation and Regulatory Board (LTFRB) covering 2010-2011 on the most dangerous and accident-prone bus companies shows that this group of bus companies occupies the top spots in most categories.

Admiral Transport and Nova Auto Transport are the two most dangerous bus operators in terms of the number of deaths caused and injuries inflicted.

On the other hand, Don Mariano and Nova Auto Transport are the two most dangerous operators on the damage to property category.

Indeed, Don Mariano has been involved in several road accidents in recent years. In 2011, it was involved in three accidents resulting in two injuries and damage to properties. Last July 2012, a Don Mariano bus almost fell off the Edsa flyover in Ortigas, which damaged part of the rails and hurt eight passengers.

Admiral Transport was involved in two accidents in 2010, one resulted in a death and the other caused physical injuries.

Fermina Express had three road mishaps in the last three years, causing injuries in 2011, damage to property in 2012, and two counts of damage to property in 2013.

Simply put, unless these companies shape up, there are 474 virtual rolling coffins plying the streets of Metropolitan Manila.

Indeed, with all these available data, my question is: Why are these bus companies still on the road? I cannot fathom what could have prevented the government from canceling or withdrawing these bus companies’ franchises to operate.

It is basic that common carriers, such as public buses, are required by law to observe extraordinary diligence for the safety of the passengers transported by them.

To emphasize, the law uses the word “extraordinary,” which means that ordinary diligence is not sufficient. Consequently, Don Mariano is bound to carry its passengers safely as far as human care and foresight can provide, using the utmost diligence of a very cautious person, with due regard for all the circumstances.

It is shameful how Don Mariano alone is reported to have a fare income of P43.435 million in 2011 and P40.77 million in 2012, and yet it did not (or will not) buy new bus tires to ensure the safety of the passengers.

The proprietors of Don Mariano and its related bus companies should forcefully be reminded that the public transport business is above all a public service, not a mere money-making endeavor.

Now is the opportune time for the LTFRB to demonstrate that it is true to its mission to ensure safe, convenient, and dependable public land transportation services for the commuting public.

Fortunately, the LTFRB has a new leadership under Winston Ginez, a seasoned litigation lawyer.

He certainly knows the concept of extraordinary diligence for common carriers and what a certificate of public convenience means under the law. This will be, at the very least, a defining moment of his leadership in the LTFRB.

It is my hope that chair Ginez will not hesitate to throw the book at the Don Mariano group of companies, as demanded by public safety.

If the Don Mariano bus and its related companies are allowed to continue given the quality of their operations, and LTFRB does not take decisive action on the matter, then we should brace ourselves for another man-made tragedy to happen.

God forbid!

(The author is the co-managing partner and head of the corporate and special projects department of the Angara Abello Concepcion & Regala Law Offices (Accralaw). The author may be contacted through [email protected].)