Court dismisses sixth Sulpicio lawsuit

THE sixth damage suit filed against the former Sulpicio Lines Inc. (SLI) in relation to the 2008 sinking of the MV Princess of the Stars was dismissed by a Cebu City trial court last Tuesday.

In his March 13 ruling, Regional Trial Court (RTC) Judge Gilbert Moises of Branch 18 said the release and quitclaim voluntarily signed by Blancia Labiaga  freed officials of Philippine Span Asia Corp., formely Sulpicio Lines, from liability.

In exchange for signing the written agreement, Labiaga received P213,886.72 as compensation.

“No proof was ever presented to prove that the Release and Quitclaim was wangled out from the plaintiff,” the judge said.

Counting last Tuesday’s case, about six out of 64 cases were dismissed by separate courts in Cebu City against the company after its vessel, the Princess of the Stars, capsized off Romblon in June 21, 2008.

The vessel sailed at the height of Typhoon Frank while en route to Cebu City with 820 people on board.

Only 32 survived. In all dismissed cases, the courts took into consideration the Release and Quitclaim signed by the families.

Signing the quitclaim waives the right of the victims’ families to pursue a second compensation.

The company alleged that the court has no jurisdiction over the case since  the plaintiff has received P213,886.72 as compensation.

They said the amount represents full and complete benefits under the Workmen’s Compensation Act.

As such, they said Labiaga is barred from seeking damages in court after receiving the compensation.

Labiaga insisted that Philippine Span Asia Corp. is obliged to pay compensation for the death of or injuries to their employees. She said her family lost a breadwinner when the vessel sank.

But Judge Moises said a Supreme Court ruling stated that a person who signed a waiver did so with full understanding of what he or she did.

“The transaction must be recognized as a valid and binding undertaking,” he said.

Dismissed cases are being reviewed by the Court of Appeals as requested by the Public Attorney’s Office (PAO).

Most of the cases are pending before RTC Judge Soliver Peras of Branch 10.

About 71 other cases were filed with the court in Manila. The plaintiffs are seeking damages from the company.

The plaintiffs, who were assisted by PAO, believed the company was negligent in allowing the vessel to sail even if they knew that MV  Princess  of the Stars would pass by provinces where the presence of Typhoon Frank is strongest.

Philippine Span Asia Corp. released to each of the families of the victims P200,000 as proceeds of the insurance whose premium was paid by passengers when they bought the ticket. Reporter Ador Vincent Mayol