Manila court awards P241M to MV Princess of the Stars victims

According to the Public Attorney's Office, which represented the claimants, the total damage claims amounted to P241,761,256.34. The court imposed a 12 percent a year interest on the monetary award in favor each claimant, starting on the date the decision becomes final, until fully paid.

 

The judge said the claimants overcame the burden of proof and showed evidence on the negligence of Philippine Span Asia Carrier Corp. (formerly Sulpicio Lines), and its officers inlcuding Enrique Go, Eusebio Go, Carlos Go, Victoriano Go, Dominador Go, Ricardo Go, Edward Go, Edgar Go and ship captain Florencio Marimon Sr.

 

"Indeed the evidence presented by the plaintiffs clearly established that there was a contract of carriage between the defendants and the passengers of the M/V Princess of the Stars," the court ruled.

 

The judge said it was the shipping company's duty to bring the passengers to Cebu "safely, unharmed and alive." 



Contract of carriage

 

"Defendants miserably failed in this duty, because the M/V Princess of the Stars never reached its destination as it capsized along the waters of Sibuyan, San Fernando in Romblon. That alone created the presumption that defendants are guilty of negligence," the ruling read.

 

The court said the accused neither rebutted the presumption of negligence nor presented evidence to prove they observed extraordinary diligence to safely ferry the passengers to their destination.

 

"In a contract of carriage, it is presumed that the common carrier is at fault or is negligent when a passenger dies or is injured," the decision read.

 

There is even no need for the court to make an express finding of fault or negligence on the part of the common carrier because the law already presumed the existence of negligence, it added.

 

The ill-fated ship sailed for Cebu from the Port of Manila on June 20, 2008, carrying 849 individuals, including 709 passengers, 29 contractors, and 111 crew members. The ship capsized in the Sibuyan Sea at around 9:30 p.m. the following day. Around 800 people were killed or went missing. Only 32 people survived.

 

After evaluating testimonies of witnesses and survivors, the court found overwhelming evidence negating the accused individuals' claim that the cause of the capsizing on June 21, 2008 was due to "fortuitous event, Typhoon Frank, and the alleged inexcusable and criminal negligence of PAGASA."

 

The shipping line's negligence was manifest, since there was already a forecast from the state-run weather bureau that storm signal Nos. 2 and 3 were raised in the areas along the ship's route but no instruction were given for the ship to take shelter, according to the court.

 

The court also took note of a January 23, 2015 decision of the Maritime Industry Authority canceling and revoking the certificate of public convenience of Sulpicio Lines.

 

The negligence of Sulpicio Lines was further bolstered by testimonies of the survivors that there was no emergency or crisis management employed before, during, and after the tragedy, the court said. 

 

The release and quitclaim signed by the complainants was contrary to law, public order, public policy, morals or good morals, the court noted. The quitclaim provision was "obviously prepared by defendants in order to deter any litigation that may arise as a result of the capsizing of the M/V Princess of the Stars."

 

The court awarded families of those killed with moral damages worth P400,000 each, and exemplary damages of also P400,000. The actual damages awarded to the families varied, depending on the expenses that they have incurred in relation to death of their loved one, including funeral, burial, and travel expenses.

 

The court ordered the company to pay for the loss of earning capacity of each of the passengers who were killed by estimating the salaries the victims would have earned in their lifetime.

 

Survivors Sosan Lisbo, Francisco Batula, Gerardo Pelimer, and Rodel Laborte were awarded P1 million each in damages claims.

 

But the claims of Regina Reyes, Aldrin Amper, Manolito dela Cruz, heirs of Virgilio Reloj, Gina Baring, heirs of Nicanor Lunasin, and heirs of Nestor Lucenaria were dismissed "for failure to prosecute and adduce evidence on their respective claims for damages." – VS, GMA News