(3) The Possible charge/s that can be filed.

A) If the van driver Patrick Tulo and Bus Driver Jerry Lubon were proved to be negligent they may face
the following charges:

As to the Criminal Liability,

Reckless Imprudence Resulting to Homicide and Damage to Property as to the 4 fatalities namely: Gyl
Dyrul Narita Preciados(37),Mark Abraham Villanica(36),Maricel Gipgano Olasiman(38),Junree Arojado
Gogo(34). Reckless Imprudence Resulting to Multiple Physical Injuries suffered by passengers Mark
Lester Briones(35) and William Lanzadares(37).

Under Article 365 of the Revised Penal Code, Reckless Imprudence in voluntarily, but without malice,
doing or failing to do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform such act taking into consideration
his employment or occupation, degree of intelligence, physical condition and other circumstances
regarding persons, time in place.

As to the Civil Liability

They made be held liable for actual or compensatory, nominal, moral, moderate or temperate,
liquidated and exemplary damages, Article 2197 of the Civil Code. The parties suffering loss or injury
may recover damages: 1) for loss or impairment of earning capacity in cases of temporary or permanent
personal injury (Art.2205 Sec.1, Civil Code)2) For injury to the plaintiff’s business standing or Commercial
Credit (Art.2205 Sec.2,Civil Code)

Article 2206 of the Civil Code

The amount of damages for death caused by a crime or quasi-delict shall be at least
Three thousand pesos, even though there may have been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and
the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be
assessed and awarded by the court, unless the deceased on account of permanent physical
disability not caused by the defendant, had no earning capacity at the time of his death;
(2) If the deceased was obliged to give support according to the provisions of article 291,
the recipient who is not an heir called to the decedent's inheritance by the law of testate or
intestate succession, may demand support from the person causing the death, for a period
not exceeding five years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased
may demand moral damages for mental anguish by reason of the death of the deceased.

B) The Injured parties can file an action to the employers of the Van for hire and the Bus Company
respectively if the owner has been negligent in getting the right employee for their company. Employers
shall be held liable for damages caused by their employees within the scope of their assigned tasks.
Article 2180 of the Civil Code The obligation imposed by article 2176 is demandable not only for one's
own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case
of his death or incapacity, the mother, are responsible for the damages caused by the minor children
who live in their company. Guardians are liable for damages caused by the minors or incapacitated
persons who are under their authority and live in their company. The owners and managers of an
establishment or enterprise are likewise responsible for damages caused by their employees in the
service of the branches in which the latter are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers acting
within the scope of their assigned tasks, even though the former are not engaged in any business or
industry. The State is responsible in like manner when it acts through a special agent; but not when the
damage has been caused by the official to whom the task done properly pertains, in which case what is
provided in article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and
trades shall be liable for damages caused by their pupils and students or apprentices, so long as they
remain in their custody. The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

Article 2176 of the Civil Code Whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this
Chapter.