Thursday, June 26, 2008 Seares: Blaming God for tragedy By Pachico A. Seares News Sense
THE sinking of mv Princess of the Stars was an act of God, religious devotees say. Were it not for the typhoon with the unlikely name Frank, unleashed by the heavens last Friday, the vessel wouldn't have gone down in the seas off Romblon.
No sparrow falls without God's will. How much more for more than 800 of God's creatures on board a 16,040.19-ton luxury vessel?
Or so the religious note runs: a theory Sulpicio lawyers like to hear. Divine intervention fits in snugly with their legal argument of fortuitous event, "caso fortuito." or the simpler phrase "act of God."
Sulpicio lawyers would love to use "caso fortuito," as repeating it in a foreign tongue seems to lend it more force, and "act of God," as the Lord looks like formidable defense in any courtroom.
"God is my witness"
Yet, human justice doesn't work that way. Invoking God's name isn't too helpful in a court trial. When a politician once said he didn't engage in smuggling and "God is my witness," a lawyer snorted: You don't and can't cross-examine God.
"Act of God" as legal defense relies on total absence of negligence of Sulpicio and officials, contributing nothing to the disaster.
On the sea tragedy that so far lists at least 70 dead and more than 700 people missing, was it prudent for the shipping firm to sail despite the typhoon threat? Did the captain and crew observe all the diligence the emergency required? Was the vessel seaworthy for the worst weather condition?
"Act of God" offers a legal and moral refuge for Sulpicio Lines but only if the shipping company and its officials were not themselves to blame.
