THE drunk truck driver who rammed to death seven people, including three children, in Cagayan de Oro City on April 9 can post bail, a city prosecutor said.
Freddie Talisayan, 30, driver of the six-wheeler truck that mowed two motorcycles and a motorized tricycle along Cugman highway, this city, can post P24,000 bail while his truck helper and half brother Felix Talisayan, 32, has already been excluded from the complaint sheet for lack of probably cause.
The prosecutor clarified the crime committed by Freddie is not murder because there was no intent to kill on the part of the suspect and his brother Felix was merely accompanying him and was not in control of the vehicle based on the traffic report.
"His (Felix) mere presence inside the vehicle which was driven recklessly does not make the rider equally liable as the erring driver. There was no testimony that the rider was in control of the vehicle or that he was supervising/directing the driver," the resolution reads.
In the two-page inquest resolution penned by Assistant City Prosecutor Alfonso Vicente Jr., issued on April 11, the Freddie will face the court for reckless imprudence resulting in homicide, though he was allowed to post a bail of P24,000.
Freddie will soon be tried in court while his truck aid had been dismissed from the charges.
The complaint was filed by Ma. Pimentel Tadlas, the mother of Vanessa Tadlas who perished along with Mae Bonior, Vevine Nacaya and BDO security guard Ronnie Abrio along with his three siblings Kenneth, Sophia and Stephanie in the worst road accident that hit Cagayan de Oro in recent years.
Four others were injured namely Kristel Anne Moldez, Runie Llubia, Kent Felicilda and Kurt Angel Buhawe.
Police Station 10 Chief Evan Viñas said more complaints will be filed by the Abrios and Nacaya’s families as soon as the victims are laid to rest.
"Sa sunod adlaw tingali ma-file or depende sa ilang bakante nga oras kay gi-atiman pa nila ang haya (They will file the case for another day, it depends on when they will be free since they are still taking care of the wake)," Viñas said.
Viñas, however, maintained that reckless imprudence resulting to murder will be filed against the suspect, citing the premeditated suicidal thoughts of the driver.
This, after the police found in the messages of the suspect's cellphone that he warned to crash the six-wheeler truck, owing to a supposed “lover’s quarrel” with his mistress in Bukidnon.
"Pero depende na sa piskal kung unsa ilang makita nga angayan nga mapasaka nga kaso (It depends on the prosecutor on what case will be filed against the suspect)," Viñas said.
Viñas said Freddie has been transferred to the city jail in Lumbia while his brother was released.
He is also reminded motorela and motorcycle drivers to follow traffic laws.
Viñas said motorela drivers should not travel along the national highways while motorcycle drivers must wear protective gears like helmet.
“Sa traffic laws naay infractions nga na-commit like pag-angkas sa motor nga sobra sa isa unya mga bata pa gyud. Ang mga rela pud para rana sa interior part nga rota sa syudad (In traffic laws, violations are committed like riding in motors with more than one passenger, mostly children. Also motorelas are for the interior routes in the city),” Viñas said.