Vda. DE BATACLAN vs. MEDINA

FACTS:

Medina is the owner and operator of a bus. This bus, on Sept. 13, 1952 around 2:00AM somewhere in Imus, Cavite, crashed and fell into a ditch. Apparently, its front tire burst, zig-zagged and turned turtle into the ditch. Bataclan was one of the 18 passengers. Most of the passengers were able to get out, but Bataclan and 3 others were trapped. It appears that the bus drivers and the passengers who already got out did not try to help Bataclan et al get out, instead, about 10 of the locals in the area came to their aid, they were carrying a burning torch for illumination, but then a fierce fire started and engulfed the bus and killed Bataclan et al. It appears that there was a gas leak from the bus and it caught fire from the torch the would-be rescuers were using.

The heirs of Bataclan sued Medina.

The trial court found that there was a breach of a contract of carriage where Medina undertook to take Bataclan to his destination safely. The trial court also found that there was negligence on the part of Medina since at the time of the blow-out, the bus was speeding. There is no question that under the circumstances, the defendant carrier is liable. The only question is to what degree. The trial court argued that Medina is only liable for the injuries suffered by Bataclan and not by his death, the proximate cause of which was the fire, which was not caused by Medina.

ISSUE: Whether or not it was the negligence of Medina, owner of the bus company, which was the proximate cause of the death of Bataclan.

HELD:

Yes. In this case, the proximate cause of the death was the overturning of the bus, because of the overturning, it leaked gas which is not unnatural or unexpected. The locals coming to the aid of the trapped passengers was most likely because the driver and the conductor went out looking for help. It is only natural that the would-be rescuers bring with them a torch because it was 2:30AM and the place was unlit. The fire could also be attributed to the bus driver and conductor because he should have known, from the circumstances, and because he should have been able to smell gasoline and therefore he should have warned the rescuers not to bring the torch. Said negligence on the part of the agents of the carrier come under the codal provisions above-reproduced, particularly, Articles 1733, 1759 and 1763.

Proximate Cause – “‘that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.’ And more comprehensively, ‘the proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom.’”

RIDING THE GREEN FROG BUS

(Updated Nov. 19, 2014)

Commuting in the Philippines is always a harrowing experience. Hot, rickety Jeepneys, Taxicab drivers who overcharge and ask you to pay a steep contract price rather than use their taxi meter. Drugged bus drivers soaring through the highways and skyways and straight into hell [that is, if you don't get nabbed inside their bus first]. Public Utility Franchises, Traffic Enforcers and Lives are all bought, [ironically,] in the pursuit of the elusive “Hanap Buhay” ¹

It is the commuting public who are ultimately at a loss in this state of affairs.

Now this is where the visionary and Entrepreneur Philip Go Apostol coes into the picture. He was convinced that the Filipinos deserve a World-Class public transportation system and thus he founded the Green Frog Transport Company. Touting the slogan “The Filipino Deserves Better”, Apostol aims to improve public transportation in the Philippines by showing Filipinos how commuting is done in First World Countries and to inculcate in them proper commuting behavior so that they can demand the same quality of services from government and private transport providers.

My girlfriend and I finally got to ride the bus.

The Ride

The bus route is from C5 Buting to Taft Avenue and on to the SM Mall of Asia. On our particular trip, we got aboard the bus at the Bus Stop near PNR Buendia. The time was around 7:30PM.  [Click for route information]

The pricing system is area pricing:  A ride in Taguig and Makati City is twenty pesos (P20.00).  A ride in Pasay City costs ten pesos (P10.00) so a trip from end to end would cost thirty pesos (P30.00).  This price may be a bit steep for someone used to paying eight pess (P8.00) for a jeepney ride, but it is definitely worth it. The bus is reasonably fast. True, the hybrid system means that it only accelerates at one meter per second, but it makes fewer stops, because everyone goes on and off at a designated stop.  There is no swerving in and out of traffic and the buses are well maintained so you can be certain that there would be no unforeseen breakdowns.

The floor of the bus is lower than the usual coach that flies on EDSA. This is deliberate in order to make ingress and egress easier. This also means that there are no luggage compartments under the floor of the bus, which is fine since they are unnecessary in a commuter route. What the bus does have is lots of space inside and plenty of standing room: a must during rush hour.

My Girlfriend and I sat at the rear of the bus. And the following are actual pictures taken from our position.

(Photo Courtesy of Kristelle Marie Gonzales)

The seats were made of hard plastic, but they were far from being uncomfortable. They were ergonomically designed for the average Asian. They curved so that one could sit snugly. They were not of the bench type so there was no sliding around in the corners. And there was lumbar support, so I could imagine the aged and the infirm sitting on these chairs comfortably. The road we travelled was well-maintained and has a fresh asphalt overlay so this also contributed to the comfortable and not bone-jarring ride.

The conductor, who was a lady was very courteous and genuinely concerned for the safety and comfort of her passengers. She was approachable and when I asked her where I could buy Tap Cards for the bus, she told us that we could get it from her. She politely tried to convince me to buy the Tap Cards on that occasion and it made for a very convincing sales talk.

It was still rush hour when we took the bus so there was plenty of stop and go traffic, but we still felt safe and comfortable. The reasons for this are: (1) cool air conditioning, which points to the fact that the bus is probably lovingly maintained; (2) clean surroundings, which again point to proper maintenance and; (3) reasonable acceleration, the bus does not lurch about as you would expect buses would. I would attribute this to:

(a) driver professionalism and finesse and;

(b) the hybrid drive system.

Because of all these factors, by the time my Girlfriend and I got off the Makati Avenue Stop, we were still comfortable and were not suffering from motion sickness. I could ride this bus everyday, and I would even look forward to the morning commute if this is what I'm getting.

Technical Notes

The hybrid system is not of the diesel electric type in the sense that the motive force of the bus is lies in the electric motors alone (a system I've written about previously, see here). The diesel engine and the electric motors work in tandem with one another. This system has its advantages because of its durability and reliability since it will not allow the electric motors to overwork themselves [probably... ask a automotive expert, not me].

(picture courtesy of business.inquirer.net)

The bus accelerates slowly and I believe that this is deliberate so that it does not lurch about, throwing about the standing passengers. This is no doubt facilitated by the automatic transmission system which allows the bus to accelerate at a constant speed.

Points for Improvement
When I took this particular ride, Green Frog only had 8 buses in its fleet.  This meant long waiting intervals between buses.  But the company according to its Facebook page recently took delivery of new buses and expects a total of 24 buses by 2015 so we can expect to see shorter waiting times.  

Post by Green Frog Zero Emissions Transport.

New buses will also solve another problem which is crowded buses.  For a bus that charges P20 for a jeepney ride which would only cost P8, the buses do get very crowded at rush hour.  More buses should help with the congestion.

The riders can also work on their discipline when riding the bus.  Specifically in loading and unloading, as there is a designated entrance and exit which riders still tend to ignore.  Though again, this could be a function of congestion as well.

Conclusion

One of Philip Go Apostol's intentions when he started Green Frog Transport Company is to educate Filipinos as to how commuting is done in developed countries—to show us that it is possible to have dignified, fast, economical, clean and safe transportation. The ultimate goal is that Filipinos would campaign and lobby for world class transport.

I've seen what it is like. And I am quite angry that our roads look like this,

(Photo Courtesy of getrealphilippines.com)

and our commuters have to line up for hours,

(Photo Courtesy of Kristelle Marie Gonzales)

and buses simply fall from the sky.

So I am calling to you, Mr. President Benigno Simeon Cojuangco Aquino III, Chief Executive of the land to help make commuting safer, cleaner, more efficient and more dignified.

The President

(Photo Courtesy of Kristelle Marie Gonzales)

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1 Hanap Buhay – Tagalog, roughly translated as “Livelihood”. In the simple Filipino mind and Philosophy, it is a justification for all sorts of reckless behavior. It seems to justify the taking of life and property so that one may support himself and loved ones. As though personal prosperity is dependent on the poverty of others. It is the urban-dweller's version of a “zero-sum” game.^↩

Since Time Immemorial

Some things just never change.

Photo Courtesy of Old Manila

One Moment You're Just Merrily Tootling Along Minding Your Own Business...

...The Next Moment You're Crushed!

I am writing about the ill-fated bus that fell off the skyway and killed 18 people. It fell thirty feet from the sky bridge and crushed a truck that was just minding his own business, likely trying to deliver some goods and products for the use of the one for whom it was destined.

Imagine the fury of that person whose contract for delivery could no longer be made.

What if that bus fell on a bus carrying young students from a rich kid school—the hope of our nation? The bus company will be shut down for sure. What if that truck was carrying a nuclear weapon? We'd all, literally, be toast.^*

The bus accidents just keep on coming and nobody is safe.  Neither is this bus accident the first time that road safety is brought to the public consciousness in recent memory.  Does anyone remember how the owner of Sarabia Optical  met his untimely demise?  Remember how all the years of rigorous training of UP Professor Chit Estela-Simbulan ended in vain?

So what are we trying to do about it and what solutions do I suggest?

The government has suspended the bus company. This is good for thirty days (December 16, 2013 – January 15, 2014). The authorities are going to investigate the bus company and conduct drug testing on the bus drivers. They will continue to investigate camera footage and eye witness reports to determine who is at fault. Using this, they may decide to cancel the public service franchise of the bus company.

It is worth mentioning that just last month, another bus company got into another fatal accident killing six pedestrians. This accident occurred last November 14, 2013, therefore the bus company's thirty day suspension has already passed so their buses are likely out there, barreling down the highways at the speed of sound, ready and waiting to slay the hope of the Nation. I wonder how their case is coming along now.

Authorities and the skyway operator is also looking into ways to improve safety on the skyway.

The victims are free to file charges against the driver (but he's dirt poor, so good luck trying to get damages from him) and/or the bus company. This is important because the Courts can order the company to pay exemplary and moral damages. This is important because it makes it expensive for bus companies to have accidents, they will be forced to conduct extraordinary diligence in picking bus drivers and in the maintenance of their rusting hulks of a bus.

Some legislators have suggested creating new speed limits for the roads and for each class of vehicle. I am of the opinion that this is un-called for and stupid. First, there are already speed limit laws. Second, the speed limits he's proposing are far too slow. He wan't 40 kph for an arrow straight boulevard! So, we should instead just enforce the current speed limits and perhaps install some speed cameras and radar traps—something that is already being done in rich countries.

A better suggestion which the authorities are investigating is the installation of an electronic speed limiter on the buses, so that they would never stray over 60kph. This is more feasible. It probably just entails the installation of a chip or a remapping of an engine's ECU. And there is no driver discretion involved. His bus will NEVER go over 60kph.

My suggestions:

1. Just pay the bus drivers salaries. This is the most obvious solution. In fact, the DOLE has already passed a memorandum on this which requires bus companies to pay their driver's fixed salaries. The bus operators were able to get an injunction over this for a time but the Court was able to rule against the bus operators, therefore busdrivers are now supposed to receive salaries instead of the old boundary system. However, the bus drivers are still paid on commission basis in over and above their salaries, so the competition for passengers and the “demonic racecar” mentality still remains.  (Note:  The Don Mariano Bus Company appears to have violated this order)

2. Sue the LTFRB and/or the LTO. I'm suggesting a taxpayers suit. Sometimes, government is so inutile in its implementation that a petition for mandamus is needed before it would so something so obvious. In MMDA vs. Concerned Citizens of Manila Bay, the Concerned citizens had to sue the MMDA and other government agencies to clean up Manila Bay—something which is obviously within their power as provided for under many laws already existing which protect the environment.

I am not the only one who shares this sentiment, the following passage is from a nationally syndicated opinion columnist, Atty. Batas Mauricio in his daily column Kakampi mo ang Batas, speaking on the Don Mariano Bus “frenzied flight of doom” says:

 LTO, LTFRB REMISS IN THEIR DUTIES: I do not want to engage in finger-pointing now, but I certainly blame both the Land Transporation Office (LTO) and the Land Transportation Franchising and Regulatory Board (LTFRB), and say they are greatly responsible for the death of 21 or more people after a passenger bus jumped off the Skyway toll plaza in Las Pinas City and pinned down a van at the South Luzon Expressway on Monday, December 16, 2013.

Why? Well, it is quite clear that the LTO and the LTFRB are completely remiss in their duties to see to it that only the psychologically and mentally-prepared are issued driver’s licenses and allowed to drive public utility vehicles such as the ill-fated Don Mariano Bus that fell off the Skyway.

As things stand in both the LTO and the LTFRB now, anyone who can pay are able to get licenses, and then drive away. This is reprehensible because both the LTO and the LTFRB ought to know, if only they are properly doing their work, that many holders of driver’s licenses are not fit to drive, psychologically and mentally, as shown by their totally reckless driving, rude behavior, and, many a time, gross ignorance of even the most basic rules of road courtesy.

3. Women bus drivers. In my opinion, women drivers are more capable of compassion and driving precision.

4. Last suggestion is for the drivers themselves. The bus drivers should police their own ranks. They should realize that whenever one of them has a fatal accident, their bus company will get suspended, they will have no work for a month and they will have no pay. There should be lynching among themselves. If one of their fellow drivers causes their company to be suspended, his fellow drivers should gang up and lynch him, publicly humiliate him and dismember his remains in front of the barrio where he resides. This is not a time for pakikisama, it is a time for vengeance.

I know that being accountable for one's actions is a foreign concept to Filipinos and most Bus drivers would rather just tolerate the reckless ways of their own, but they should change. I'm sure the drivers and conductors affected by the suspension would very much love to slay the one who caused the accident.

Fear of reprisals from their peers should serve as an adequate deterrent to reckless driving.  A bus driver should at the back of his small mind remember that his fellow drivers, equally barbaric and small-minded, knows where he lives and will publicly dismember him if he causes an accident.  This should always be at the back of his mind whenever he is tempted to barrel down Commonwealth ave at twice the speed limit of 60kph.

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*Nevermind the constitutional prohibition... this is merely a hypothetical.