THE court granted yesterday the request for exhumation of the 38 bodies buried at the Carreta cemetery just a week ago.

Families of the victims of the June 21, 2008 sinking of the mv Princess of the Stars sought the court’s intervention for the identification of bodies, in an ex-parte motion for exhumation.

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Some families also filed a criminal case for reckless imprudence resulting in multiple homicide, physical injuries and damage to properties against ship captain Florencio Marimon Sr., Sulpicio Lines Inc.’s (SLI) Edgar Go and some John Does before the Manila Regional Trial Court (RTC).

Justice

While Marimon is said to be deceased already, Public Attorney’s Office Chief Persida Rueda-Acosta said Marimon was still impleaded because of persistent reports that he is still alive.

Acosta also led family members to a visit at the Carreta cemetery yesterday.

Also present was Fr. Robert Reyes who helped family members plant a mango tree, which symbolizes “life, justice and truth.”

Presiding Judge Soliver Peras granted the motion of the plaintiffs without objection from the SLI.

There were 36 bodies which were not yet identified. Two were identified, but were not claimed.

Families who lost a loved one in the sea tragedy wrote members of the Independent Forensic Group (IFG) to help them in their quest to bury their kin.

The letter was addressed to Dr. Erwin Erfe, Prof. Jerome Bailen, and Drs. Benito Molino and Anastacio Rosete.

The feedback was positive.

Erfe accompanied Acosta to Cebu yesterday.

He told reporters that they will need the help of some government agencies for the equipment to be used in the exhumation.

Erfe said there will be a makeshift laboratory at the cemetery where anthropological identification will be done for three to five minutes. Identification will be done in a few days.

Fr. Reyes, who holds a doctorate in anthropology, said he can help out as he is vigilant in assisting families of victims every time a hearing is scheduled in Cebu.

“With all due respect to the National Bureau of Investigation (NBI), DNA (deoxyribonucleic acid) identification should not have been used as first-line and primary method of identification. In fact, it is the least effective method of identification in mass disasters such as this one,” read the motion for exhumation.

Fingerprint

DNA method should only be used when physical, fingerprint and dental methods have been unsuccessful. Dental method is said to be the most effective.

The motion also asked that records related to the identification of the cadavers, which are in the possession of the NBI, should be turned over to the IFG.

As for Marimon, Dr. Erfe noted that there was no evidence presented in court that Marimon was indeed dead. If the court warrants it, he and his team could also conduct the anthropological testing on the body that was buried by the Marimon family. Unfortunately, the family needs to approve an exhumation.

“We do not believe that he’s dead. We received reliable information that he is alive,” said Acosta, defending the naming of Marimon in the information for reckless imprudence.

PAO also filed a motion to implead SLI’s captains Benjamin Eugenio and Nestor Ponteres and Engr. Ernelson Morales.