Judge: Quit claim clears former Sulpicio firm from liability

Three years after the MV Princess of the Stars sank off the coast of Romblon province during a typhoon, a court dismissed one of the civil suits filed by a relative of one of the victims against the ship owner.

In his ruling, Regional Trial Court (RTC) Judge Simeon Dumdum of branch 7 said the quitclaim voluntarily signed by Elina Edisan released officials of Philippine Span Asia Carrier Corp., formerly known as Sulpicio Lines Inc., from liability.

In exchange for signing the release and quitclaim, Edisan received P200,000 insurance from the company.

“It is a legitimate waiver which should be respected as the law between the parties,” Dumdum said.

In an interview, lawyer Persida Rueda-Acosta of the Public Attorney’s Office (PAO) said they are contesting Dumdum’s ruling before the Court of Appeals.

She said the ruling may set a precedent for similar claims by the families of the victims.

Acosta, who represents the plaintiffs in various cases against the former Sulpicio Lines, said the judge shouldn’t have easily trusted the agreements stated in the Release and Quitclaim.

“The PAO has filed a Notice of Appeal regarding the dismissal of the case. All we want is for justice to reign,” Acosta told Cebu Daily News.

Scholarship grants

She said the families signed the Release and Quitclaim shortly after the sea tragedy.

“They were still suffering from anguish. The families and relatives had no choice but to sign it so they can receive the insurance,” Acosta said.

Although the families received their respective payments of P200,000 from the former Sulpicio Lines, Acosta said the shipping company hasn’t settled the damages it incurred to the plaintiffs.

She said the shipping company has been offering scholarship grants to the plaintiffs.

But Acosta said it should be held liable for damages by the court.

“Sulpicio Lines officials should pay for the damages they incurred to the plaintiffs. Scholarships aren’t enough for them to live on),” she said.

The MV Princess of the Stars capsized off Romblon at the height of Typhoon Frank while enroute to Cebu City with 820 people on board on June 21, 2008.  Only 32 survived.

Negligent

At least 64 cases were filed in the Cebu City court SLI over the sinking of the MV  Princess  of the Stars.

Most of the cases are pending before RTC Judge Soliver Peras of Branch 10 while 71 other cases were filed with the court in Manila.

Named respondents in the complaints were Princess of the Stars skipper Florencio Marimon, who is reportedly dead; and shipping firm owners Enrique Go, president and Eusebio Go, executive vice president.

Also included were Carlos Go, executive vice president and chief executive officer; Victoriano Go, senior vice president and Dominador Go, Ricardo Go, Edward Go, and Edgar Go, all first vice president.

The families are seeking payment for damages from the company.

Damages are computed based on factors like age, monthly income and the purpose of the victims in riding the vessel to Cebu.

They said the shipping company was negligent in allowing their vessel to sail even if they knew that it would pass by provinces hard hit by Typhoon Frank.

Unconditionally exempted

The P200,000 were proceeds of the insurance whose premium was paid by passengers when they bought their tickets.

Despite the dismissal, Acosta said there is nothing to be alarmed about.

“Others cases continue to be heard,” she said referrring to the cases before RTC Judge Soliver Peras.

Philippine Span Asia Carrier Corp. earlier asked Judge Dumdum to dismiss the civil suit filed by Edisan.

The company said the claim has already been paid as shown in the Release and Quitclaim that she signed.

It also said Edisan didn’t pay for filing fees which can be used as basis in dismissing the case.

The judge said all PAO clients are “unconditionally” exempted from paying docket fees and other fees incidental to instituting an action in court.

Voluntary

Edisan said she was forced to sign the waiver in the absence of a lawyer.

But Judge Dumdum cited a Supreme Court ruling which stated that “not all waivers and quitclaims are invalid as against public policy.”

“If the agreement was voluntarily entered into and represents a reasonable settlement, it is binding on the parties and may not later be disowned simply because of a change of mind,” the High Court said.

Based on this ruling, Dumdum said the waiver signed by the plaintiff should be respected.

The judge said the plaintiff was free not to sign the Release and Quitclaim which was read to her in Cebuano and Tagalog.

“The allegations that plaintiff, due to financial difficulties, had no choice but to sign the Release and Quitclaim, does not detract from the voluntariness of its execution,” he said.

Dumdum said the Release and Quitclaims and its legal implications were explained by the notary public to Edisan who reportedly acknowledged that she understood and signed the document freely and voluntarily.

In their notice of appeal, PAO said the ruling was “contrary to law.” Luisa Peralta, whose son is one of the missing passengers of the sunken ship, said they entrust the case to PAO chief Acosta.

“Sana makuha namin ang justice. Hustisya lang aming kailangan. (I hope we can still receive justice. Justice is all we want,” Peralta said. /Ador Vincent Mayol, Reporter