CA asked to reconsider ruling that cleared Sulpicio exec in Princess of the Stars sinking
MANILA, Philippines—The Public Attorney’s Office (PAO) on Thursday asked the Court of Appeals to reconsider its ruling absolving from criminal liability an executive of Sulpicio Lines.
In a 26-page motion for reconsideration, PAO, through its chief Persida Rueda-Acosta said Edgar Go, Vice President for Administration of Sulpicio Lines should be held criminally liable when he failed to order the master of MV Princess of the Stars to drop anchor and take shelter despite knowing that the vessel is travelling its regular route even with Typhoon Frank.
MV Princess of the Stars
The appeals court, in its ruling, absolved Go from any criminal liability. He was charged with reckless imprudence resulting in multiple homicide, physical injuries and damage to property before the Manila City Regional Trial Court Branch 5.
In its ruling, the appeals court said the Department of Justice erred when it blamed Go for the sinking of the ship.
The Philippine Coast Guard (PCG) Boarding Officer inspected the MV Princess of the Stars prior to its departure, after checking that the documents are in place, the officer informed the Captain Florencio Marimon that there will be a storm in the area where they will pass. Marimon presented an alternate route to which the Coast Guard approved thus they were cleared for departure.
“It is clear that petitioner did not have the authority to clear the departure of the vessel and he did not participate in the decision concerning said departure. There is therefore no legal or factual basis for his indictment,” the appeals court said.
The appeals court added that the DOJ also erred when Go was held liable for failure to instruct the vessel to seek shelter or drop anchor in the face of the storm.
“There is no shred of evidence from which such power to control or authority to decide and direct can be drawn or inferred. What the evidence shows is that petitioner’s duty was to supervise personnel who perform liaison work with government agencies for compliance with statutory permits, certificates and franchises,” the appeals court said.
Acosta, in their appeal pointed that under the Philippine Coast Guard Circular, it is the responsibility of the ship owner or operator to “discourage any vessel’s movement except for sheltering purposes especially when typhoon signals are hoisted or expected to be hoisted within the area of origin, the route and the destination.”
Go’s inaction, Acosta said “is a clear gross negligence tantamount to absence of care resulting in loss of lives and properties of the riding public committed.”
M/V Princess of the Stars sunk off the waters of Sibuyan Islands, Romblon province on June 21, 2008 at the height of typhoon “Frank” that claimed the lives of some 800 passengers and crew of the ill-fated ship.
