Republic of the Philippines

Department of Transportation
LAND TRANSPORTATION FRANCHISING & REGULATORY BOARD
East Avenue, Diliman, Quezon City

January 5, 2017

Mr. Ryan M. Salvador

Public Assistance and Complaint Desk
East Avenue, Diliman, Quezon City

Dear Sir:

On November 13, 2017 at around 11pm, a vehicular accident occurred along

Maharlika Highway in Brgy. Bantug, Science City of Munoz, Nueva Ecija involving
a Victory Liner bus and a Yamaha Mio Soul. Such accident resulted to the death of
the three passengers of the motorcycle, namely: Ronuel Listerio y Bernolo, 23 years
old; Jocel Martin y Ramirez, 23 years old; and Andrea Gamboa, 20 years old.
The involved vehicles were: (1) a Victory Bus, color white with combination red
and yellow, with body number 7103 and a plate number of ATA 9375, being driven
by Francisco Genobili y Malana, 46 years old, who holds Professional Driver’s
License No. B0494030274 with expiration date 2018-01-24; and (2) a Yamaha Mio
Soul, color violet, for registration, and driven by Ronuel Listerio, a holder of Non-
Professional Driver’s License No. C0512003280 with date: 8-17-2018.
We have already submitted a complaint with the Office of the Prosecutor in the
Science City of Munoz and the Prosecutor has advised us to consider accepting the
settlement offered by the Victory Liner Bus Company in the amount of P15,000 for
each of the victims, which is equivalent to the amount to be given by their insurance
company. In total, each victim is to be given P30,000.
We consider the settlement offered by Victory Liner to be unjustifiable and
unconscionable. Not only is such amount way below the standard death indemnity
in the Philippines, but it is also unacceptable in view of the driver’s negligence. As
a common carrier, a Victory Liner bus is required to exercise extraordinary
diligence, pursuant to Article 1733 of the Civil Code of the Philippines, viz:
Common carriers, from the nature of their business and for reasons of
public policy, are bound to observe extraordinary diligence in the vigilance
over the goods and for the safety of the passengers transported by them,
according to all the circumstances of each case.

Moreover, since there was an intersection in the road which he was about to traverse,
the driver should have slowed down to consider other motorists who may be turning
to or coming from such side of the road. Third persons who are not his passengers
are not excluded from the persons with whom he is required to exercise extraordinary
diligence. As explained in the case of Caminos vs. People of the Philippines (G.R.
No. 147437, May 8, 2009):
The right of a person using public streets and highways for travel in
relation to other motorists is mutual, coordinate and reciprocal. He is
bound to anticipate the presence of other persons whose rights on the
street or highway are equal to his own. Although he is not an insurer
against injury to persons or property, it is nevertheless his duty to operate
his motor vehicle with due and reasonable care and caution under the
circumstances for the safety of others as well as for his own.

The driver’s claim of exercising extraordinary diligence by maintaining only 60 kph

is inconsistent with the fact that the victims were found in the rice fields. Logically,
if the bus was travelling slow, the impact would not have been as strong, and the
victims would not have been thrown farther away from the point of impact.
Moreover, he could have easily stopped the bus with such speed, and the collision
would not have been as bad as to cause the instantaneous death of the victims.
We ask you to reconsider this action regarding the settlement made by the Victory
Liner Bus Company towards us bereaved families. No amount of settlement can
replace the lives of the victims, but such will be a great help to those they left behind
if only it were justifiable.

Respectfully Yours,