|
Thursday, March 24, 2005
Ship firm’s plea ‘delaying’ case
* Claimants, relatives of those who perished in the 1998 sinking of a Sulpicio Lines Inc. vessel, oppose firm’s motion to dismiss case
* By asking to dismiss case, Sulpicio Lines is allegedly trying to dissuade and discourage complainants
* Firm’ s lawyer earlier said special power of attorney not offered as evidence
THE victims and heirs of those who died during the sinking of a vessel of Sulpicio Lines Inc. (SLI) believe the firm’s asking for the dismissal of the case is just delaying the proceeding.
In an opposition to SLI’s motion to dismiss, the four families who pursued the court battle said SLI is trying to resurrect the issue on certification of non-forum shopping when the court had already ruled on it two years ago.
SLI earlier asked the court to dismiss the case against three of four remaining plaintiffs after they (plaintiffs) failed to offer as evidence the special power of attorney (SPA) authorizing another plaintiff, Manuel Abelgas, to act in their behalf.
“Now this issue, which has long been dead and buried, is being exhumed by the defendant. In a way, the defendant is being more ‘Goddish than God’,” the plaintiffs said in their opposition.
Eight families
Eight families earlier filed a civil case against SLI after mv Princess of the Orient sank last Sept. 19, 1998.
But as the case dragged for years, four of the eight claimants decided to enter into a settlement with SLI and abandoned the civil case they filed.
Spouses Ricardo and Geraldine Ocampo asked for P20 million for the loss of their children Jose Mari and Kathleen.
Manuel and Marietta Abelgas demanded P8 million for the death of their daughter, Aida Abelgas Ching.
Manuel Cui sued SLI for himself and in behalf of the heirs of Rogarita Cui and demanded P2 million.
Praxedes Llenos asked for P15 million for herself and for the death of her husband Sisinio.
Marcelino and Felisa Bauya asked for P2 million for the death of their daughter.
Pedro and Beatriz Laurente asked for P1 million for the death of their daughter Dolorosa.
Narcisa Cacafranca and Virgilio Lano demanded P535,000 for themselves.
Of the eight, only the Abelgas, Ocampo, Llenos and Laurente families continued the court battle.
SLI’s attack
“The point of this motion is indeed crystal clear. Defendant is attacking at all fronts in its war of attrition. It is hoping that plaintiffs will be discouraged and dissuaded,” the plaintiffs said.
SLI earlier asked for the dismissal of the case because of the plaintiffs’ failure to attach the certification of non-forum shopping, which would stipulate that they did not take any other legal action against Sulpicio in any other agency or quasi-judicial body.
SLI added that only Abelgas executed a certification non-forum shopping and that the SPA in favor of Abelgas executed by the other plaintiffs were not submitted as evidence.
But the plaintiffs think otherwise.
“To reiterate, the various SPAs are not evidence. Thus, there is no need to formally offer them in evidence. The law may be hard but it is not absurd. What stunt will defendant pull off next time to delay this proceeding and further emotional distress on plaintiffs?” the plaintiffs’ opposition read. (GN)
(March 24, 2005 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
