MANILA, Philippines—Relatives of the victims of the sinking of MV Princess of the Stars asked the Supreme Court to affirm the decision of the Department of Justice that allowed the prosecution of an official of Sulpicio Lines.
The High Court recently affirmed the decision of the Court of Appeals clearing Edward Go, Vice President for Administration of Sulpicio Lines, of criminal liability over the sinking of the ship that killed hundreds of passengers.
In a 29-page Omnibus Motion for Reconsideration, the relatives of the victims through Public Attorney’s Office (PAO) Chief Persida Acosta want the case elevated to the high court’s en banc (15 justices) from its second division.
They said Article 365 of the Revised Penal Code was “casually brushed aside” by the high court in its ruling.
The motion noted that the high court affirmed that Go allowed the vessel to sail to the area where it will hit Typhoon “Frank” eye to eye; failed to order the vessel to take shelter or drop anchor amid the incoming typhoon and his actions were voluntary and resulted in the loss of lives and properties.
MV Princess of the Stars FILE PHOTO
PAO said such actions constitute reckless imprudence under Article 365 of the RPC.
The motion added that Go cannot invoke the Master’s “overriding authority” because it can only be invoked if the Master’s (ship captain) decision will take the passengers to safety. On this case, however, petitioners said the Master was taking the ship to a perilous route, thus, it is the duty of the ship owner “to do everything in its power to avert the impending disaster.”
“We submit that this is precisely what is being contemplated by Article 363 of the RPC-failing to do an act from which material damage results by reason of inexcusable lack of precaution,” the motion further stated.
They added that even Go, in his petition with the Court of Appeals, did not proffer any proof that there was irregularity in the findings of the Department of Justice, which state that he can be criminally prosecuted for the sinking of MV Princess of the Stars.
The motion added that the issues raised by Go are already moot and academic. A trial is already ongoing before the Manila Court where nine witnesses have been presented.
After finding of probable cause by the prosecution, a case was filed before the lower court. Go filed a motion for judicial determination of probable cause but later on the motion was withdrawn.
PAO said they already informed the Court of Appeals of the status of the case before the Manila Court and the twice findings of probable cause by the prosecutors and the Manila Court.
Still, the appeals court ruled in favor of Go “practically overturning the finding of probable cause by the RTC judge and disturbed the final disposition of the latter, although it has no jurisdiction to do so.”
“Clearly, the Court of Appeals transgressed the purpose and function of the petition for certiorari filed by respondent Go and transgressed the RTC Judge’s power to determine probable cause…Without meaning any disrespect, prudence dictates that the Court of Appeals should have desisted from ruling on respondent Go’s petition on the merits, as soon as it was made aware of the ongoing criminal case,” the motion further stated.
Dr. Erwin Erfe, head of the PAO’s forensic team, said Monday that the retrieval operation is still ongoing. He said they believe there are still 400 bodies trapped underwater.
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