Espinoza: When roads become deadly, who should be held accountable and liable?

Free Zone
Espinoza: When roads become deadly, who should be held accountable and liable?
Elias EspinozaFree Zone
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The recent death of a motorcyclist on Gov. Cuenco Ave. in Banilad, Cebu City, that is tattered with potholes is more than just another traffic statistic. It is a stark reminder of a long-standing problem in our public works culture: infrastructure that endangers the very people it is meant to serve.

Ghohan Ganar Aquino, 24 years old, a rescue volunteer assigned in the Bogo City area, was driving his motorcycle past midnight on Nov. 12, 2025, going down the Banilad flyover on his way to Don Gil Garcia, when his motorcycle hit potholes due to poor asphalting work, causing his motorbike to tumble, which threw him off into the pavement, resulting in his death.

Those potholes should never have been exposed without proper warning signs or protective barriers. Whether the victim was speeding, unfamiliar with the area, or simply in the wrong place at the wrong time, a public road should never become a trap for motorists.

The stretch of Gov. Cuenco Ave. is classified as a national road although within Cebu City, hence, it is under the authority and jurisdiction of the Department of Public Works and Highways (DPHW) for the upkeep and maintenance of this road.

The re-asphalting of this stretch of road, if my memory serves me right, was started last September this year, and it even took the contractor, WT Construction, a long time to finish the work. In less than three months, the supposed new asphalt laid on this road developed potholes after several rainy days. The potholes have slowed down the traffic because no sane driver would drive over the potholes, which look like a “sungkaan.”

Road contractors shouldn’t act or think that they are just service providers who follow instructions and meet deadlines. I suppose they are aware that once they enter a contract for a public works project, they assume a responsibility that extends beyond asphalt and pavement. They become temporary custodians of that public space, and with that custodianship comes a duty to ensure public safety at all times.

I don’t think that the safety standards, such as proper barricades, reflectorized warning signs and adequate lighting at night, which are not optional for contractors, were complied with and provided by the contractor after the recently laid asphalt was damaged by the downpour.

Safety and care were practically left to the motorists. When a motorist dies because these safety measures were absent or inadequate, the contractor cannot simply shrug and say the work is ongoing. Negligence does not wait for project completion. Negligence happens the moment a dangerous road is left unprotected.

Before the unfortunate incident that killed Aquino, the DPWH Cebu City District Engineering Office, through assistant district engineer Alfredo Hernandez, wrote to the contractor, Willy Te, on Nov. 10, for the “immediate compliance to repair the damaged asphalt” within 15 days from receipt of that letter.

It even threatened the contractor with termination of the contract, citing Republic Act 9184, Annex I-III, if WT refused or failed to comply with its valid instruction to expeditiously proceed with the repair of the damaged asphalt road.

Truth to tell, it was the DPWH that patched the potholes, and not WT Construction. While the Cebu City Government is not the procuring entity because it’s a DPWH project, the law clearly states that the local government unit is responsible for keeping public roads safe. That responsibility does not pause when a contractor starts digging or resurfacing. The DPWH and city engineers are supposed to enforce safety protocols, inspect works regularly, and halt operations when the contractor’s lapses threaten public safety.

When a preventable death occurs on a damaged public road or on a public road under construction, the liability does not rest on a single pair of shoulders. It belongs to everyone who had a hand in the project: the contractor, who failed to secure the worksite; and the DPWH and city engineers, who failed to supervise and enforce standards.

Cebu City residents deserve better than roads that crumble, flood, or kill. This tragedy should force a change in mindset: public works are not merely engineering tasks — they are public safety operations.

Every damaged or unfinished road must be treated as a hazard zone requiring constant vigilance. Every contractor must be held accountable for safety violations. And DPWH officials must understand that their duty is not just to approve projects, but to protect the public throughout their execution.

Gohan Ganar Aquino died because of the potholes on Gov. Cuenco Ave. in Banilad. But what died with him should be the culture of complacency surrounding road projects. Accountability must come next, because without it, the next tragedy is already waiting at the next pothole.

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