CA affirms conviction of bus driver

CEBU, Philippines - The Court of Appeals in Cebu has affirmed the conviction of a man whose bus hit a motorcycle, which led to the death of two women on board the smaller vehicle in 2002. 

 Associate Justice Renato Francisco said he found no compelling reason to reverse the ruling of the lower courts against Celestino Bastismo, a driver of Sunrays Trans passenger bus, who was found guilty of reckless imprudence resulting in double homicide, serious physical injuries, and damage to property.

 “We see no reason to depart from this finding. From the record the prosecution’s physical evidence establishes the fact that indeed the motorcycle was hit at its rear portion by the front portion of the bus. The criminal complaint filed by Police Chief Inspector Rex Laher Urbano, Chief of Police of San Fernando, was explicit that the Sunrays Trans Passenger Bus with Plate No. GVS-509 bumped a Skygo Motorcycle Plate No. GS-8609,” the decision reads.

Garry Abella, a witness, said he saw the bus driven by Bastismo tailing the motorcycle ridden by Hope Sigindio and Genalyn Deliarte very closely until it tried to overtake the motorcycle and hit it in the process.

Sigindio and Deliarte died while their companion, Roselyn Deliarte, sustained serious injuries.

The incident happened on December 5, 2002 in Luknay, South Poblacion, San Fernando town. 

“…the bus was just about a foot behind the motorcycle which had three riders at that time. When the bus tried to overtake the motorcycle, the motorcycle was hit which resulted to instantaneous death of two of its riders and serious injuries to the other,” Abella said.

Bastismo denied he was reckless. He said he noticed a motorcycle overtaking his bus on the left but because there was another vehicle on the opposite lane, the motorcycle allegedly forced to move in front of his driven vehicle.

Bastismo said he tried to avoid hitting the motorcycle but failed.

The Municipal Trial Court found Bastismo guilty and sentenced him to four years in prison. Bastismo appealed the decision with the Regional Trial Court but the court still ruled against him.

In his appeal before the CA, Bastismo said the lower courts erred in convicting him and questioned the eyewitness for the prosecution.

Francisco however, ruled for the prosecution and directed Bastismo to pay P50,000 each to the families of Sigindio and Deliarte. The CA also ordered an interest rate of six percent per annum until the amount is fully paid. — (FREEMAN)