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SC reinstates criminal case vs. Sulpicio exec over Princess of the Stars sinking


The Supreme Court has ordered the Manila Regional Trial Court to reinstate a criminal case against an executive of the shipping line that owned the M/V Princess of the Stars, whose sinking killed hundreds of people in 2008.

In a decision publicized Monday, the Court's Third Division reversed a 2013 Court of Appeals ruling that cleared Edgar Go, Sulpicio Lines, Inc.'s vice president for administration, of criminal liability over the sea tragedy.

Bound for Cebu from Manila, the M/V Princess of the Stars, caught in the onslaught of a typhoon, capsized and sank in the Sibuyan Sea on June 21, 2008. Of more than 800 people on board, only 32 survived.

After a preliminary investigation, the Department of Justice charged Go and the ferry's captain with reckless imprudence resulting in multiple homicide, physical injuries, and damage to property before the Manila RTC in 2009.

On appeal by Go, however, the CA ruled that the prosecutors failed to cite any law authorizing an administrative officer, such as Go, to direct a vessel at sea and requiring him to act in times of emergency.

Defeat at the CA level prompted the petitioners, the relatives of the victims of the sinking, to seek relief from the SC. In July 2014, the SC dismissed their petition and upheld the CA ruling in favor of Go. The following month, the SC reversed itself and reinstated the petition.

The latest ruling in the case, a Dec. 10, 2018 decision penned by Associate Justice Jose Reyes, Jr., one of the newest magistrates on the bench, finally granted the petition.

Concurring in the ruling were the division chairperson, Associate Justice Diosdado Peralta, and the division members: Associate Justices Marvic Leonen, Alexander Gesmundo, and Ramon Paul Hernando.

Overruling the appeals court, the SC division concluded that the DOJ resolution to charge Go "clearly supports a prima facie finding that reckless imprudence under Article 365 of the Revised Penal Code has been committed."

As a policy, courts do not interfere with the DOJ's findings of probable cause "except in clear cases of grave abuse of discretion." The SC said it found none in this case.

Siding with the investigating prosecutors, the Court said "there was an explicit and reasonable conclusion drawn by the DOJ panel that respondent's act of allowing the vessel to sail despite the severe weather condition at that time demonstrated inexcusable lack of precaution on the latter's part."

Chief Public Attorney Persida Acosta, whose office represents the victims' families, views the recent ruling as the SC "[speaking] for the victims seeking for justice."

In a text message to reporters, she said the relatives and survivors are "happy to know" their criminal case will finally be prosecuted. She said at least nine witnesses had already taken the stand when the CA ordered the case dismissal. — BM, GMA News

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