BMI ends probe, recommends Sulpicio franchise suspension

MANILA, Philippines - The Board of Marine Inquiry on Tuesday recommended the suspension of Sulpicio Lines Inc.’s certificate of public convenience (CPC) franchise by the Maritime Industry Authority (Marina) in connection with the sinking of MV Princess of the Stars last June. This was after the seven-man BMI panel found out in its investigation that Sulpicio Lines failed to exercise due diligence in ensuring the safety of its passengers. In its 65-page report, the BMI said there was “negligence" on the part of the officials of Sulpicio Lines led by its President Enrique Go, Chief Executive Officer (CEO) Carlos Go, and First Vice-President Edward Go, which led to the tragedy. "The carrier failed to be extra diligent in transporting its passengers safely to its destination," Philippine Coast Guard commandant Vice Admiral Wilfredo Tamayo said in affirming the BMI findings. The BMI report said the shipping firm also failed to implement effectively the Quality and Safety Management System (QSMS) and employ qualified QSMS personnel ashore. Coast Guard spokesman Lieutenant Senior Grade Armand Balilo, who read Tamayo's decision, said the ship captain - Florencio Marimon - was found to have been "negligent" in performing his duty. "The Master failed to exercise extra ordinary diligence in discharging his responsibilities under the QSMS manual to ensure the safety of his crew, the safe operation of his vessel and protecting the owner's commercial interest," Balilo said. BMI said Marimon committed an “error in judgment" when he decided to pursue sailing on rough seas. Among the shortcomings of the ship’s captain, the BMI noted, were his failure to monitor the weather condition at that time, and his delayed order for the passengers to abandon the ship. "The master failed to exercise due diligence and failed to monitor the movement of his vessel relative to the movement of Typhoon [Frank]," Balilo said. As for Sulpicio Lines, the BMI said the shipping company violated the provisions of its CPC franchise, which requires vessels to carry necessary documents whenever they set sail. The BMI also stressed that their investigation was only limited on the “cause of accident" during a sea tragedy, and it cannot conclude on the possible liabilities of the Coast Guard, Maritime Industry Authority (Marina), and the Philippine Atmospheric Geophysical and Astronomical Services Administration (Pagasa). The report added that the BMI gave Sulpicio Lines 30 days to appeal the body’s decision. The ill-fated vessel left Manila Friday night at the height of typhoon "Frank." It slammed into the wrath of "Frank" in the vicinity of Sibuyan Island while on its way to Cebu in the morning of June 21. At the time of the incident, Princess was carrying more than 800 passengers and crew. Sulpicio Lines said 32 survived the tragedy while 312 bodies were recovered so far. Retrieval operations were halted following the discovery of the endosulfan cargo. The recommendation came after government on Friday allowed Sulpicio Lines, Inc.’s passenger vessels to sail but could undertake cargo operations only if the shipping firm secures an insurance for third-party liabilities. The go-signal was issued by the Maritime Industry Authority (Marina) whose chief - Vicente T. Suazo, Jr. - said Sulpicio Lines would be allowed to transport passengers once it complies with the agency’s protection and indemnity (P&I) requirement, a marine insurance against third party liabilities and expenses arising from owning or operating ships. Authorities had earlier ordered the grounding of all Sulpicio Lines passenger vessels following the sinking of M/V Princess of the Stars. While its passenger vessels were grounded after the tragedy, Sulpicio Lines’ cargo vessels - which is said to account for at least 20 percent of domestic traffic - were allowed to operate.- with Mark Merueñas, GMANews.TV