AFAIK, death extinguishes whatever criminal liability there is of the accused, so the case against the bus driver will likely be dismissed.
The only option for the victims is really to go after the operators of Don Mariano. Actually, they may have an easier time proving their case since its civil in nature and there is presumptive negligence on the part of the operator since it is a common carrier.
All you have to do is: (i) prove the deaths were due to the incident (i.e. bus falling off the skyway); and (ii) there were prior instances wherein Don Mariano buses were involved in damage to property or injury to its passengers. Pretty much an open and shut case. If I were lawyering for Don Mariano, stipulation na lang as to the facts para wala ng proof regarding exemplary damages.
Ang kalaban lang naman dito yung mga nagpapa-settle kaagad ng kaso (bayad), tapos quitclaim na.





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