CRIMINAL or CIVIL CASE

Magandang araw. Hihingi lang po sana ako ng advise/direction kasi hindi po namin alam ang sunod naming gagawin.

June 14, 2017 po ng masagasaan ng isang bus ng ABC Bus Liner ang aking brother-in-law. He died on the spot because of severe head injury. May kaangkas siya, his girlfriend, they both died. Based sa police report, nag-overtake si bus sa tricyle and nag-counterflow. Nabulaga my brother-in-law and lost control of his motorcycle, nasagasaan sila ng bus and nakaladkad hanggang sa proper lane ni bus. Kung bakit hindi agad huminto si bus, I can only assume na balak niyang magsinungaling sa totoong nangyari.

Nakakulong na si bus driver and may nakasampa ng criminal case.

Now, the bus company is a totally different story. Noong una, nakikipag-usap pa sila and after a while we were given excuses na. Until now, no monetary help whatsoever from the bus company.

Ang question namin is, do we file a civil or criminal case against the bus company?

The liability of the operator or employer in a criminal case when the perpetrator is the employee is subsidiary only. This means that the employee driver has to be convicted first and be insolvent before the employer is made to pay.

To directly go after the company you should file a civil case.

Consult a lawyer

Thanks Jadis!