Sulpicio Lines sues Pagasa for erroneous weather forecast

MANILA, Philippines - Sulpicio Lines Inc. on Monday sued the Philippine Atmospheric Geophysical Astronomical Service Administration (Pagasa) for allegedly giving inaccurate weather reports that led to the capsizing of one of their vessels, the MV Princess of the Stars, last June 21 at the height of Typhoon “Frank.” The shipping company is seeking P4.45 million from Pagasa through its senior first vice president Edgar S. Go. It is also seeking P2.5 million in moral damages and P1 million for “lost of goodwill”; P500,000 for exemplary damages; P150,000 for attorney’s fee and litigation expenses; and P500,000 for moral damages done to Go. Arthur Lim, the lead counsel for Sulpicio Lines, said Pagasa should be blamed for the tragedy for its alleged failure to accurately predict the path of Typhoon “Frank” in advance. The ship was carrying more than 700 passengers on top of its more than 100 crews. Most of them are still missing as of posting time. Based on the facts culled by Sulpicio, M/V Princess of the Stars left Manila port on June 20 bound for Cebu on a regular voyage laden with passengers and cargoes within authorized limits as reportedly inspected and cleared for departure by the Philippine Coast Guard. At the time of the departure, Capt. Florencio Marimon Sr, the vessel master, allegedly relied on the Pagasa report issued 4:45 p.m. announcing bad weather in various places but only with Signal no. 1 in the port of Manila . Despite the stormy weather in various parts of the country, the vessel was purportedly cleared to depart from Manila where it was just signal no. 1 because the ship was the biggest in the country with 23, 824.17 GRT and could steam full ahead at an average speed of 20 knots. The complaint asserted that the ship, if needed, could seek shelter in various areas along her pre-plotted route to Cebu . At 11 p.m., while the vessel was reportedly still at Corregidor area, Pagasa reportedly issued Weather Bulletin No. 9 which said allegedly forecasted that the typhoon will move Northwest at 19 kph. With said report the vessel proceeded on her course as the forecast position of the typhoon would put the vessel at a parallel distance of around 160 kilometers from each other. However, the typhoon did not move northwest as forecasted in weather Bulletin no. 9, but moved westward. Instead of going upwards to the Luzon area and safely pass the vessel at a parallel distance of around 160 kms, it went across south of Masbate in a westward direction, where the vessel was headed in its course. The next weather bulletin was issued at 5 am of June 21 which stated that the typhoon has moved westward for the past six hours and was in the Panay and Mindoro area. Sulpicio said that if the westward movement occurred only after 11 pm of June 20 (counting six hours backwards from 5 a.m. of June 21), Pagasa could still have issued a supplemental broadcast advising ships at sea. “Had this be done, the vessel which was then in the Romblon area, could have sought shelter there,” the complaint stated. Sulpicio alleged that Pagasa “willfully and maliciously forecasted Frank’s movement as northwest in their Bulletin No. 9 which was the forecasted movement in Bulletin No. 8 earlier issued, when they knew fully well that as of 11 pm of June 20, 2008 when bulletin no. 9 was issued, Frank was not moving northwest but was actually moving westward, a very big disparity, as confirmed in Bulletin No. 10 issued at 5am of June 21, 2008.” They said that Pagasa should have coordinated with the Philippine Coast Guard (PCG) or advised the latter of the significant change in Frank’s direction movement, so that the Coast Guard could have warned ships at sea of the correct and actual position and movement of the typhoon. - GMANews.TV