Ceres Buses Under Scrutiny

[MikeB]

If you do a search for "ceres bus suspensions" you will find there have been many, in fact after almost every major accident. None of them resulted in all Ceres busses being shut down. I wasn't able to find any other reference to a suspension in the current accident except the one mentioned in the link. I have my doubts about the accuracy.

[Thomas]

 

Chief Inspector Alvin Balio, Carmen Police Station head, said none of the victims have expressed willingness to file a complaint against Roberto Lato, the bus driver. The legal counsel of Vallacar Transit told police they have already paid more than P100,000 for the hospital expenses of the victims, he said. Balio said they’ll be forced to release Lato from custody if no complaint has been filed against him after 18 hours of the reglementary period.

The victims are usually forced to make quick settlements because they need the money and understand the futility of pursuing legal relief in court.

Perhaps it could be a business idea  :)    to pay the victims some, and go to court with higher claims.

(But NOT crazy high claims as in many cases in USA, where some have made a business of BEING HIT...)

 

But I don't believe the bus companies would let such business owner be alive long enough to reach a court decision...  :(

[Americano]

Most Filipinos don't file a complaint because they have to pay to hire a lawyer, file a complaint, pay the lawyer to attend the hearings, miss work and travel to the hearings and it could be years before a decisions is made by the court. Everything is done at the victim's expense. In the USA a complaint or case like this is mostly paid by city, state and federal taxes. Most Filipinos don't have enough money to pay all of the expenses.

[MikeB]

You don't have to pay to file a complaint, nor do you need a lawyer. Whether it's in your best interests to have a lawyer is a different subject. Some jurisdictions may require a small administrative fee but it's not much and whatever costs should be paid by whomever loses. Our helper filed an assault case against her husband a couple of weeks ago and didn't pay anything. They told her the arrest warrant would be issued "in about a year". That's the biggest reason they don't file complaints. That and getting a bullet in the head.

 

Edit: I'm wrong, there are fees to file criminal complaints. In the case I cited it's likely she was considered an "indigent litigant" and the fee was waived.

Edited June 26, 2014 by MikeB
Incorrect info

[earthdome]

In the USA a complaint or case like this is mostly paid by city, state and federal taxes.

 

It is the same in the US, you have to get your own attorney. If you have a good case most likely the attorney will take the case on contingency fees, i.e. They get a cut of the settlement. Those attorney's are frequently referred to as 'ambulance chasers'. If you do not have a good case then in the US you would have to pay your attorney and any court fees.

[Americano]

The USA has prosecutors in most cities who file charges against people who violate state or federal laws. They are paid by state or federal taxes. If you want a prosecutor in the Philippines to file charges against someone you must pay the prosecutor. This is from personal experience. If you have a different experience then please express it here.

 

Hiring a lawyer to represent you is a different story. Of course you must pay them in any country useless you are too poor to afford one, then one may be appointed for you but don't expect to get a good one or one how cares if you win or lose your case. Don't forget, money talks.

Edited June 26, 2014 by Americano

[earthdome]

The USA has prosecutors in most cities who file charges against people who violate state or federal laws. They are paid by state or federal taxes. If you want a prosecutor in the Philippines to file charges against someone you must pay the prosecutor. This is from personal experience. If you have a different experience then please express it here.

 

Hiring a lawyer to represent you is a different story. Of course you must pay them in any country useless you are too poor to afford one, then one may be appointed for you but don't expect to get a good one or one how cares if you win or lose your case. Don't forget, money talks.

 

That is true for a criminal case in the US but not for a civil case. This discussion is about civil cases to get compensation for harm caused by negligence by a bus company, not about criminal cases.

[Americano]

"The driver has likewise been charged with reckless imprudence."  Reckless imprudence is a criminal charge. The victims can file civil charges if they have enough money to pay the court fees, lawyer fees and are able to attend the hearings, which was the point I was trying to make. Most Filipinos don't have enough money to file a case against anyone and especially don't have any confidence in getting justice against anyone or company who is rich.

 

In the USA when someone violates criminal law then its looked at as a violation against the state. That's why state money is used to prosecute the offender. In the Philippines if someone violates criminal law against you then you may be required to file the case and pay all expenses yourself. Evidently someone, maybe the LTO chose to file charges against this bus driver.