Van driver charged for death of tourists

CEBU, Philippines — A case of reckless imprudence resulting in multiple homicide and multiple serious injuries has been filed against the van driver who accidentally drove his vehicle into a tree in Alegria town last Saturday, killing seven passengers with three others seriously injured.

Gilbert Dela Cruz, 44, a resident of Barangay Guiwanon, Argao town, was brought before the Cebu Provincial Prosecutor’s Office before noon yesterday for the inquest proceeding. He was driving the Toyota Grandia closed van with plate number AED 1299 when the accident occurred.

Aurora Gagni, Joseph Huang, Juvella Huang, Nunilo Rubio, Rey Pascual, Diana Pascual, and Berenice Roxas were killed in the incident.

Leonora Tsai, Alfred Tsai and Elinita Rubio suffered serious injuries and are still confined in the hospital.

In the inquest proceeding before assistant provincial prosecutor Raymund Aller, Dela Cruz chose not to file a counter-affidavit to answer the allegations filed against him and instead manifested to face the charges in court.

A complaint-affidavit was filed by Joy-Alvi Rubio Arañas, the nephew of one of the passengers who died in the crash, Doctor Nunilo Guinto Rubio.

Arañas said his uncle, an American citizen residing in Chicago City, Illinois, was with his balikbayan friends who were planning to conduct a medical mission in Cebu.

Allegedly, Dela Cruz fell asleep while he was driving the van, which led the van to swerve off the road and crash a mahogany tree near the barangay hall of Legaspi in Alegria town.

Arañas claims his uncle died because of the alleged negligence of Dela Cruz.

Felix Tiukinhoy, 74, a resident of Lumboy St., Banawa, Cebu, said he was the closest friend of the retired nurse Diana Pascual, who also died during the incident along with her husband, Rey.

By special power of attorney, he initiated the filing of complaint against Dela Cruz for the untimely death of Pascual.

Sonia Punzalan, 74, Diana’s older sister, said they are waiting for documents to be processed so they can bring the couple’s bodies back to New York.

“Gusto nang anak na dadalhin ng buo,” she said.

Punzalan added it was difficult to put into words what they felt upon hearing the news Diana and Rey were killed.

“Hindi maipaliwanag kung gaano kasakit. Marami pa silang maitutulong at matutulungan. Napakasakit sa aming pamilya,” she said, adding “kahit masasagasaan ko yang driver, hindi pa sapat.”

Punzalan also said they are not open to a settlement.

“If normal na aksidente lang siguro, a little forgiveness. Pero ang daming patay kahit isang tuldok walang settlement,” she said.

Jesus Manuel Misa, a cousin of another deceased victim, Berencie Ruiz Roxas, filed the complaint affidavit on behalf of the victim’s children who could not arrive in the country on time for the inquest proceeding. Roxas was an American citizen and a resident of New York.

Punzalan said the bodies of Joseph and Juvella Huang were already brought to their families in Alabang in Muntinlupa.

Dela Cruz chose not to be interviewed by the media.

Meanwhile, Vice Governor Agnes Magpale said that she has received information that the van of Dela Cruz was not an accredited tourist van at the Department of Tourism (DOT).

Because of this, the legislative branch of the provincial government is now eyeing the possibility to amend the local tourism code to include the accreditation of tourist vans in the province.

“Kini silang tour operators should be taught nga accredited ang kuhaon nilang sakyanan,” she said.

At present, Magpale said that the province has no regulatory powers over the tourist van operators and cited these are under the jurisdiction of the DOT and the Land Transportation Franchising and Regulatory Board.

“Wa ta’y regulatory power. Mao na’y atong tan-awon. This is relevant sa tourism although (what happened in Alegria) is an isolated case,” she added.

Provincial Tourism Office (PTO) Head Joselito Costas said that this concern was also raised by a family member of a tourist who booked with the same company as Dela Cruz.

“Because of that, maybe we, the provincial government can probably take part in making sure that the delivery of transport services, maka-ensure gyud ta’g safety sa atong mga tourists,” he said.

“Ang accreditation is with the Department of Tourism, Region-7, I’m not sure if we already have that ordinance or law sa provincial level but I think kinahanglan gyud siguro and that would be welcomed,” Costas added. —JBB (FREEMAN)