MANILA, Philippines—Sulpicio Lines Inc. Monday asked the Manila Regional Trial Court to stop the Board of Marine Inquiry (BMI) from pursuing its investigation of the sinking of the ill-fated MV Princess of the Stars for alleged “lack of authority and bias.”
Sulpicio Lines filed a prohibition/injunction case with an urgent prayer for temporary restraining order, saying that the Maritime Industry Authority (MARINA) was the rightful body to conduct the inquiry into the June 21 incident.
A P650,000 damage suit, which was raffled off to RTC Branch 24, was also filed against respondents BMI chair Rear Adm. Ramon Liwag, retired Chief Engineer Bonifacio Balentic, retired Chief Engineer Diosdado Ramos, retired Master Mariner Capt. Benjamin Mata, retired Master Mariner Capt. Amado Romillo and Commodore Ramon Reblora; and Philippine Coast Guard chief Vice Adm. Wilfredo Tamayo.
Tamayo told the Philippine Daily Inquirer that the BMI inquiry, which started June 25, will continue Tuesday unless it receives a court injunction.
In its 14-page complaint, Sulpicio Lines said the 1976 law that paved the way for the creation of a BMI during marine accidents was superseded by the 2004 act that transferred its jurisdiction over shipowners to the MARINA.
The 1976 Philippine Coast Guard Law said the BMI’s role was to “investigate marine accidents or casualties relative to the liability of shipowners and officers,” Sulpicio Lines said.
However, Sulpicio said that Republic Act No. 9295, which took effect in 2004, transferred to MARINA the investigatory powers over shipowners on “all matters pertaining to their business operations, including maritime incidents and casualties.”
“Assuming the Coast Guard Philippine Merchant Marine Rules and Regulations still applies and that the BMI could still continue to investigate, its investigatory power is now limited to investigating marine officers only and no longer includes a shipowner or ship operator like SLI,” the shipping firm said.
A 1997 Official Gazette of the MARINA also stated that the investigation of marine incidents fell under the MARINA’s jurisdiction—and as such, it was already conducting a separate probe on the MV Princess of the Stars, Sulpicio Lines said.
“The defendants convened themselves as an investigating board to investigate said maritime incident involving MV Princess of the Stars when actually, they have no legal authority to do so,” Sulpicio Lines said.
“Hence, the current investigation by the BMI of the MV Princess of the Stars tragedy is irregular, illegal and null and void for want of jurisdiction and authority,” it said.
The petition criticized the BMI for conducting an “inquisition,” where witnesses were “badgered and oftentimes publicly humiliated with uncalled-for remarks from the board members like ‘Your vessel is not stable! You are negligent! You have no business being a safety officer!’”
The statements by the BMI members showed bias and prejudgment and added to the “pervasive negative publicity” against them, according to Sulpicio Lines.
“The board chairman has endeavored to display fairness but majority of the members have already made up their minds as to the ‘guilt’ of Sulpicio Lines even before the proceedings could be included,” the shipping company said.
For the “loss of goodwill and business standing attributable to the void BMI proceedings,” the shipping company also demanded P500,000 for moral damages, P100,000 for lawyer’s fees, and P50,000 for litigation expenses.
Last week, Sulpicio Lines filed a P4.4-million damage suit at the Manila RTC against officials of the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) for their “inexcusable neglect of duty and gross incompetence” in reporting the movement of Typhoon “Frank” (international codename: Fengshen). With a report from Leila B. Salaverria
