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Caltex cleared in ship collision

By Jerome Aning
Philippine Daily Inquirer
First Posted 07:19:00 07/25/2008

MANILA, Philippines—The Supreme Court Thursday cleared a major oil company from any liability in the damage suit filed by victims of the collision between MV Doña Paz and oil tanker MT Vector in 1987 off Tablas Strait.

The sea tragedy took place in Dec. 20, 1987, leaving about 4,000 passengers and crew members dead.

In a decision written by Associate Justice Antonio Eduardo Nachura, the court’s 3rd Division affirmed the ruling of the Court of Appeals that backed the Manila Regional Trial Court’s decision to absolve Caltex Philippines (now Chevron) Corp. of any third-party liability.

The Supreme Court said it “accords respect” to the factual findings of the Manila regional trial court, which had rejected Vector’s refusal of responsibility and absolved Caltex in September 2003.

“We have meticulously reviewed the records of the case and found no reason to depart from the rule. We cannot turn a blind eye to this gruesome maritime tragedy which is now a dark page in our nation’s history,” the justices ruled.

The Court debunked Vector’s argument that it was not liable to pay damages to the victims, claiming that the findings of the Philippine Coast Guard’s Board of Marine Inquiry were not binding on the court and were only limited to finding administrative liabilities.

The Court shot down any possibility of a re-investigation for the purposes of determining who should pay damages. It said such would again lead to a lengthy procedure that would “would not only prolong [the victims’] agony but would result in yet another tragedy at the expense of speedy justice.”

The BMI found that Doña Paz exceeded its passenger and cargo limits while Vector’s boat license had already expired at the time of the collision.

Petitioners Vector Shipping Corp. and its owner, Francisco Soriano, wanted Caltex to be held liable for the collision.



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