By ARTHA KIRA PAREDES
THE driver of the Universal Guiding Star bus accused in the death of journalist Lourdes “Chit” Estella-Simbulan on Wednesday pleaded not guilty before a Quezon City Regional Trial Court.
Daniel Espinosa, who was absent in the Nov. 9 arraignment, entered a “not guilty” plea to charges of reckless imprudence resulting in damage to property with homicide before the Quezon City RTC Branch 83. His co-accused, Victor Ancheta, who was driving the Nova bus that police said hit Estella’s taxi before the bus Espinosa’s bus, entered the same plea in November.
Both accused are out on bail.
On May 13 last year, the bus driven by Espinosa rammed into the rear of the Abu Abbey taxi on Commonwealth Avenue, Quezon City.
Estella, the taxi’s lone passenger, died on the spot. She was on her way to meet friends at the UP-Ayala Land Technohub.
At the time of her death, Estella, a veteran journalist, was a journalism professor at the University of the Philippines College of Communication and was one of the trustees of VERA Files.
Judge Ralph Lee of Branch 83 had earlier ordered the arrest of Espinosa when the latter failed to show up in the November arraignment.
Espinosa’s counsel, Salvador Panelo, said, however, his client missed his hearing because the subpoena sent to them indicated the hearing would take place in the afternoon. He said Espinosa arrived for his hearing afternoon of Nov. 9.
“Sila pala ang nagkamali. Mali ang binigay na oras (They committed the mistake. They gave the wrong time),” Panelo told VERA Files after the arraignment.
Espinosa, a native of Davao del Sur, has been employed as a driver since early 2000. He had a clean NBI record as of September 2009 and no police record as of July 2010.
In his counter-affidavit submitted to court, he refused to take any responsibility in the death of Estella’s.
He said that the Abu Abbey taxi got in his way when it was hit by one of the two Nova buses racing against the other on Commonwealth Avenue that has a 60 kph speed limit. One of the Nova buses was driven by Ancheta. He also blamed taxi driver Vito Jagunos for carelessly occupying the yellow bus lane.
The affidavit executed by fellow Universal Guiding Star bus driver Honorio Panaga also came to Espinosa’s defense. Panaga, who picked up Espinosa’s passengers, said in his affidavit that it was the Nova bus that first hit and “plowed” into the Abu Abbey taxi. He also said Espinosa tried to avoid the taxi but still crashed into its left rear.
The joint pre-trial conference of Espinosa and Ancheta has been scheduled on March 14 because, according to Lee, “under the rules, the court cannot conduct pre-trial (conference) and arraignment at the same time.”
