A Quezon City court has rejected the motion of Panda Coach Tourist and Transport Inc. and Haranah Tours Corp. that sought the dismissal of the P10-million damage suit filed by the passengers who were injured when one of Panda’s buses crashed in Tanay, Rizal, in February.
Judge Rosa Samson of QC Regional Trial Court Branch 105 tossed out the motion, citing insufficient grounds.
Five survivors of the crash, namely Jerwin Abulag, Marisol Batacao, Irriz Ragua, Mark Daniel Leteral and Mark Carlo Barcelona, filed a civil case in March demanding moral and exemplary damages of “not less than P1 million” each.
Fifteen people—14 students of Bestlink College and the bus driver—were killed when their field trip bus crashed into an electric post on Magnetic Hill in Tanay on Feb. 20. At least 40 passengers aged 18 to 19 years old were injured.
Ariel Inton of the Lawyers for Commuters’ Safety and Protection, who assisted the victims in filing the suit, said the court decision was a “morale boost” for the victims.
“We will continue to hold Panda, Haranah and Bestlink College accountable,” he told the Inquirer. “The decision also shows that the victims of vehicle accidents, especially poor ones, can still file cases against operators through a pauper litigant suit.”
In their motion, Panda Coach said the plaintiffs were not able to prove that they were indigents and must therefore pay the docket fee of over P200,000.
But in its decision, the court reiterated its March 13 order that declared the survivors “pauper litigants” after they submitted certifications from the City Assessor’s Office and the Business Permit and Licensing Office of their inability to pay the fees.
The court also did not find enough basis for the bus firms’ position that the actual damages were not indicated in the suit, pointing out that the amount for moral and exemplary damages were specified.
Samson also ruled that Panda Coach’s defense that it was not a common carrier, but rather a “private carrier,” could be further discussed during the trial.
The court also ordered the issuance of a new summons for Jaime Tan, Haranah Tours owner, who alleged in his motion to dismiss that he was not properly served with the summons.
Meanwhile, the hearing for the motion to declare Bestlink College in default for failing to answer the suit was set for May 19, Inton said.