MANILA, Philippines?Sulpicio Lines Inc. has asked the Manila Regional Trial Court to junk the P43.7-million countersuit filed by Del Monte Philippines for ?lack of merit,? accusing the food company of failing to obtain the required dangerous cargo permit.
In an answer to Del Monte?s counterclaim submitted Wednesday, the shipping line said only Del Monte knew of the toxic character of its endosulfan shipment, and apparently glossed over the fact that it did not have a permit to ship the dangerous cargo.
?Did Del Monte obtain the required dangerous cargo permit? Del Monte did not as it has not presented any. It did not obtain this permit because it suppressed the toxic character of its shipment,? Sulpicio Lines said.
Sulpicio Lines sued Del Monte for P5.5 million for allegedly breaching cargo rules by hiding the toxic nature of its pesticide cargo on board the capsized MV Princess of the Stars.
No markings
Del Monte turned the tables on Sulpicio, which supposedly knew that endosulfan was a marine pollutant that should not have been loaded on the passenger ship.
Sulpicio Lines, however, said in its latest reply that endosulfan was used by only two entities?Del Monte and Dole?and that it was the ?first time? that endosulfan was shipped on a vessel of the shipping company.
?Del Monte should have made sure all safety procedures and requirements were in place being the user and beneficiary of such highly toxic material,? the shipping firm said.
Sulpicio Lines added that the 40-foot container van containing the chemical did not have markings on its side to show that it was a dangerous item.
Assuming that it did have the alleged pictures of a skull and crossed bones, ?what is primordial and imperative is the declaration and disclosure from the shipper of the toxic character of the cargo,? the shipping firm said.
18 civil cases
Meanwhile, two survivors filed damage suits against Sulpicio Lines at the Manila RTC Thursday, along with four families of the victims of the marine tragedy.
Assisted by the Public Attorney?s Office, survivors Gerardo Pelimer and Francisco Batulan each asked P800,000 from the shipping company, which they blamed for the trauma they suffered from the sinking of the ship.
The other complainants were Bob Illut and children Bejane, Bon Joseph and Bejay for victims Josephine Illut and John Lawrence Illut; Lolita Timajo and children Kimberly, Kevin and Karl for Christopher Timajo; spouses Bonifacio and Letecia Torida for Bonnie Torida II; and Lilybeth Cunanan for Jhoevany Cunanan Paras.
The Cebu Regional Trial Court also received three complaints on Wednesday from Gloria Basnillo for Glen Basnillo, Orlando and Anita Tigcom for Ophelia Tigcom, and Evelio and Luisa Peralta for Evelio Peralta Jr.
A total of 18 civil cases have been filed by passengers? kin against Sulpicio Lines since July 24, demanding compensation that now amounts to P118,490,880.