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Sulpicio damage suit vs PAGASA junked

By Tina Santos
Philippine Daily Inquirer
First Posted 00:30:00 12/26/2008

Filed Under: Local authorities, Maritime Accidents

MANILA, Philippines ? Citing lack of merit, a Manila judge has once again junked the P4.5-million damage suit filed by Sulpicio Lines Inc. (SLI) against the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA).

Judge Silvino Pampilo Jr. of the Manila Regional Trial Court Branch 26 reiterated that he found no basis in the claim that the weather bureau?s ?wrong forecasting? had caused the tragedy that befell the MV Princess of the Stars on June 20.

In its motion for reconsideration, SLI had asked the court to reverse, set aside and issue an order declaring PAGASA and its two officials, director Prisco Nilo and weather services chief Nathaniel Cruz, as suable.

The shipping firm said that the two weather bureau officials are being sued in their personal capacity and not as government officers.

?Assuming PAGASA succeeds in sustaining its nonsuability, Nilo and Cruz cannot claim that any judgment that may be enforced against them will be against the state inasmuch as their liability is personal. There is no affirmative act required from the state with respect to their personal liability,? the shipping firm argued.

SLI claimed PAGASA?s wrong forecasting was done with gross incompetence and irresponsibility that led to the disaster. But the court maintained that ?there is no cogent or compelling reason to reverse its ruling.?



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