Sulpicio owner off the hook in death of 800 in sinking

MV Princess of the Stars. FILE PHOTO

MANILA, Philippines–The Supreme Court has absolved the owner of Sulpicio Lines of criminal liability in the sinking of the MV Princess of the Stars off Romblon in 2008, which resulted in the death of about 800 passengers and crew.

In a ruling dated July 2 but released only on Aug. 4, the high tribunal’s Second Division affirmed the Court of Appeals’ decision last year and resolution in January this year stating that there was no probable cause to indict Edgar S. Go, the Sulpicio Lines owner, for reckless imprudence resulting in multiple homicide.

“As correctly ruled by the [appeals court], respondent’s act of allowing the officers of the vessel to decide whether to set sail or not, and thereafter, failing to instruct them to seek shelter or drop anchor in the face of the storm, did not render him criminally liable,” the high court said in its ruling, which was contained in a three-page notice signed by division clerk of court Ma. Lourdes Perfecto.

“The shipowner’s liability for the death of or injuries to passengers resulting from the negligence of the ship captain, with or without concurring negligence on the part of the shipowner, arises from the contract of carries, hence, civil in nature,” the high court said.

Aside from being the owner of Sulpicio Lines, Go also acted as the company’s vice president of administration. The Cebu City-based shipping line changed its name to Philippine Span Asia Carrier Corp. in 2008.

In its ruling, the high court said Article 2206 of the Civil Code, while applicable to Go’s case, did not change the nature of the shipowner’s obligation from civil to criminal.

Death caused by crime 

Article 2206 specifies the amount of damages for death caused by a crime or quasi delict (or a wrong which occurs unintentionally, as a result of something like negligence), makes the defendant liable for the loss of the earning capacity of the deceased, and establishes the rights of persons supported by the deceased to demand support from the person who is responsible for the death.

The spouse, legitimate and illegitimate descendants and ascendants of the deceased may also demand moral damages for mental anguish caused by the death, according to the provision.

The case against Go was filed by the families of Princess of the Stars victims through the Public Attorney’s Office.

Probable cause 

The Department of Justice in June 2009 found probable cause to charge Go with reckless imprudence resulting in multiple homicide, damage to property and serious physical injury. The case against Go was filed at the Manila Regional Trial Court.

The Court of Appeals earlier ruled that the Code of Commerce provisions on the liability of shipowners and ship captains state that a captain “has control over all departments of service in the vessel, and reasonable discretion as to its navigation.”

It also said that no evidence was presented to show that Go even had the authority to decide or give orders on whether or not the vessel should seek shelter or push through with the voyage as Typhoon “Frank” battered the Central Philippines.

The appeals court said Go only performed administrative functions related to the supervision of officials and personnel of the shipping company.