By Marita Moaje
MANILA – The Department of Migrant Workers (DMW) is coordinating with German and Italian authorities and lawyers to pursue legal action for Filipinos affected by a bus crash in Bavaria, Germany.
In a press briefing Thursday, Migrant Workers Secretary Hans Leo Cacdac said the government is working with the Department of Foreign Affairs (DFA), Philippine missions in Germany and Italy, and the victims’ families to preserve evidence, establish liability and pursue possible criminal, civil and insurance claims.
“Ngayon, mainly dalawa ang lookout natin, lalo na nitong mga crucial stages post-accident, 24, 48, 72 hours after an accident as you know, yan ang crucial stages (Now, mainly we have two things to look out for, especially during these crucial stages post-accident, 24, 48, 72 hours after an accident as you know, those are the crucial stages),” Cacdac said.
A rapid response team from the DMW-Overseas Workers Welfare Administration (OWWA), led by Administrator Patricia Yvonne Caunan, was the first to arrive in southern Germany after the accident.
Cacdac said the team, in coordination with Consul General Marie Yvette Banzon Abalos in Frankfurt, visited the affected Filipinos, many of whom are overseas Filipino workers (OFWs), and looked after their welfare.
“But the other thing I wish to emphasize is justice, hustisya na hinahanap natin dito. Hindi biro, hindi maliit na bagay ang kawalan ng buhay at mga nasasaktan nating mga kababayan (But the other thing I wish to emphasize is justice, the justice that we are seeking here. It’s no joke, the loss of life and the suffering of our fellow countrymen are not trivial matters),” he said.
The Filipino passengers were traveling from Milan to Bavaria for the Oktoberfest when the accident occurred Sunday morning, killing two Filipinos.
Cacdac said the government’s work now includes helping the families pursue justice for the two Filipinos who died and the other passengers who were injured.
Legal case, insurance claims
DMW Undersecretary Jun Rasul, who is also in Germany with Caunan, said Philippine officials made sure that the surviving passengers could give statements to German authorities to preserve evidence for the investigation.
“We made sure that all the other passengers, 33 of them excluding the two dead, 31, may makuhanan ng (will be able to give) statements to preserve the evidence,” Rasul said.
He said the Philippine officials have also reached out to lawyers who could represent the victims in possible criminal and civil proceedings, as well as insurance claims against the bus operator based in Milan.
Rasul said one of the lawyers being considered practices both German and Italian law and is a member of the bars in both countries.
He added that Philippine officials are also consulting another law firm to determine which legal team can best handle the victims’ claims.
“Under Italian law, mas malaki daw ang makukuhang benefits sa Italy against the insurance company, kasama na rin ang members of the bereaved family. Dito sa Germany wala. So sa Italy, makakuha ang mga anak, pati na rin ang parents sa insurance claim (it is said that the benefits one can obtain from the insurance company in Italy are greater, and this extends to the members of the bereaved family. Here in Germany, that isn’t the case. So, in Italy, the children—as well as the parents—can receive a payout from the insurance claim),” Rasul said.
He added that German police investigators are still gathering and compiling evidence, collecting all the information necessary to build a strong case that could eventually be filed in court.
He said there were two drivers involved, one Italian named Mauro Armani, and the other one is an Albanian, Jetmir Bulla, who was the one driving at the time of the accident.
Rasul said the police eventually released the two drivers.
“I asked the officers why they were released right away, I also tried to verify from the lawyers yesterday, sabi nila ang procedure daw talaga dito ay nire-release nila, but nakuha nila lahat ng (they said the actual procedure is to release the person, but they had already obtained all the) information and anytime they can summon back the drivers for further investigation,” he said.
Continued assistance
Caunan, meanwhile, said government assistance would continue for the victims even after their physical injuries heal.
“Kasi po kailangan pa rin natin silang alalayan. Hindi po porket humilom ang sugat ay natatapos na ang suporta ng pamahalaan (Because we still need to support them. Just because the wound has healed doesn’t mean the government’s support has ended),” Caunan said.
She said most of those affected would still need psychosocial counseling because of the trauma caused by the accident.
“At halos lahat po sila ay sa pananaw po natin kakailanganin pa rin po talaga ng (And almost all of them, in our view, will still really need) psychosocial counseling,” she said.
Labor Attaché Marge Victorino-Marquez of the MWO Milan said the office had assisted the family of one of the deceased OFWs in traveling to Germany and visiting the victim at the morgue.
She said the MWO and OWWA also met the Filipino passengers who returned to Milan and briefed them on available assistance.
The MWO Milan is coordinating with Philippine officials in Germany on possible legal action and is also looking into the registration documents of the bus company and tour operator.
Cacdac said the government would continue coordinating with German and Italian authorities as the investigation proceeds. (PNA) | (Photo courtesy of DMW)
