CA clears Sulpicio Lines exec in 2008 Princess of the Stars tragedy

Published April 1, 2013 12:47pm

(Updated 5:21 p.m.) The Court of Appeals has junked a criminal case against an official of Sulpicio Lines Inc. (SLI) in connection with the 2008 sinking of MV Princess of the Stars off Romblon which left over 300 dead and hundreds others missing.

In a 33-page decision, the appeals court granted the petition for certiorari filed by accused Edgar Go, Sulpicio Lines vice president for administration, which sought to question the criminal charges filed against him by the Department of Justice with a Manila court.

The CA invalidated a June 22, 2009 DOJ resolution finding probable cause to charge Go with reckless imprudence resulting in multiple homicide, damage to property and serious physical injury. The appeal court also voided the subsequent resolutions of the DOJ, dated March 22 and June 8, 2010, that denied both Go's petition for review and motion for reconsideration.

As a result of its decision, the CA asked the Manila Regional Trial Court Branch 5 to no longer entertain the criminal case filed with it by the DOJ against the shipping line official.

The CA said the DOJ "erred" when it held Go liable for not ordering the ill-fated ship seek shelter at the height of Typhoon Frank's rampage in 2008.

The CA stressed that based on the Code of Commerce on the liability of ship owners and ship captains, a captain "has control over all departments of service in the vessel, and reasonable discretion as to its navigation."

"It is basic principle of admiralty law that in navigating the vessel, the master must be left free to exercise his best judgment. Under the requirements of safe navigation, the judgment and discretion of the captain may not be confined within a straightjacket, even in this age of electronic communications," the CA emphasized.

"Applying... the prevailing doctrines governing injury, loss of lives and property arising from tragedies at sea to the present case, petitioner Go's indictment for reckless imprudence becomes unquestionably erroneous and manifestly devoid of factual and legal basis," the CA said.

The appeals court said no evidence was presented to show that Go even had the authority to decide or give orders on whether or not their vessel should seek shelter or push through with a voyage.

The CA stressed that as a ranking official for administration, Go's main responsibility was merely to supervise officials and personnel of the shipping line.

"What the evidence shows is that petitioner's duty was to supervise personnel who perform liaison work with government agencies for compliance with the statutory permits, certificates, and franchises," the CA said.

The court further said that the Crisis Management Committee which Go headed was formed only after the tragedy.

SLI not yet off the hook

In its decision, however, the CA stressed that while it found no probable cause against Go, "this does not mean that SLI is absolved from any liability."

"The civil nature of the shipowner's liability remains even when it is determined that there is a concurrence of fault or neglect between the shipowner and ship captain," the CA said.

The 300-ton vessel left Manila at the height of Typhoon Frank. It slammed into the wrath of the typhoon in the vicinity of Romblon province while on its way to Cebu in the morning of June 21, 2008.

At the time of the incident, the ferry was carrying more than 800 passengers and crew. The SLI said 32 survived the tragedy while 312 bodies were later recovered. The others were believed to have been trapped inside.

Retrieval operations were halted following the discovery that the ship carried a cargo of 10,000 kilograms of pesticide endosulfan. — Mark Merueñas/RSJ, GMA News

Tags: seaaccident, seamishap, princessofthestars, sulpiciolines, edgargo