Sulpicio Lines Inc. asked a Manila Regional Trial Court yesterday to issue a temporary restraining order stopping the Board of Marine Inquiry (BMI) from continuing its investigation into the sinking of mv Princess of the Stars.
The shipping firm argued that under Republic Act 9295 or the Domestic Shipping Act of 2004, the Maritime Industry Authority (Marina) and not BMI is tasked to investigate ship owners and operators involved in maritime accidents.
“Instead of an investigation, what the BMI is conducting is an inquisition,” Sulpicio said in its complaint-affidavit.
It also asked the defendants to pay, jointly or severally, the sum of P500,000 as moral damages, P100,000 as attorney’s fee, plus litigation expenses of P50,000 and the costs of suit.
Named respondents were Rear Admiral Ramon Liwag, chief engineers Bonifacio Balentic and Diosdado Ramos, retired Marine Captains Benjamin Mata and Amado Romillo, Commodore Ramon Reblora, and Philippine Coast Guard Commandant Wilfredo Tamayo.
“The proceedings is turning out to be a farce in the sense that the employees of plaintiff who have been summoned as ‘witnesses’ have been badgered, and oftentimes publicly humiliated with uncalled for remarks from the Board members,” the company said through lawyer Arthur Lim.
The complaint noted the remarks made, such as “Your vessel is not stable!” “You are negligent!” “You have no business being a safety officer.”
These, it claimed, show bias and prejudgment and add to the pervasive negative publicity against Sulpicio Lines.
The suit came a week after the shipping firm sued the Philippine Atmospheric Geophysical and Astronomical Services (Pag-asa) seeking damages for an allegedly wrong forecast on the movement of typhoon Frank.
In its complaint filed on June 30, Sulpicio, through its senior first vice president Edgar Go sought P4.45 million in damages for the weather bureau’s alleged “gross incompetence and irresponsibility.”
Hearing
Yesterday, it was the turn of members of the House committee on transportation, which opened yesterday its own fact-firing inquiry into the tragedy, to criticize Pag-asa for its failure to speed up the purchase of radars.
Rep. Monico Fuentebel-la, chairman of the investigating committee, asked why Pag-asa is not using the budget allotted to them by the government in 2005 to purchase Doppler radars, which can predict typhoon movement more accurately.
Pag-asa Director Prisco Nilo said that all four biddings conducted by the Department of Budget and Management for the radar purchase failed because of problems with the eligibility of the bidders.
But Rep. Edcel Lagman blamed Pag-asa officials for the delay claiming that “they are requiring specifications not in original requirements.”
Lagman said Pag-asa has already been given a total budget of P500 million since 2005, but Nilo said they need P200 billion for acquiring the radars.
These were supposed to be distributed to different areas of the country like Subic and Tagaytay in Luzon, Cebu in the Visayas, and Surigao del Sur and Tampacan in Mindanao.
Budget Secretary Rolando Andaya Jr., in a separate interview, confirmed that the public biddings held for the purchase of the radars failed due to the lack of qualified companies to supply the equipment.
Seaworthy
Meanwhile, Sulpicio Lines, in a press release to Sun.Star Cebu yesterday, denied information Rep. Antonio Cuenco has been getting on the sinking of the ship.
The shipping firm reiterated that mv Princess of the Stars was seaworthy when it sailed and that the ship design of the ship was not altered as alleged.
The vessel was also equipped with the necessary communication equipment as required by law.
“No additional structure was introduced on the ship and we strongly deny that additional floor was added. This can be verified from the plans filed with Marina,” Sulpicio said.
It also refuted claims that the ship’s engine conked before it sank and that “the survivors can attest to this.”
Mandate
In Malacañang, Press Secretary Jesus Dureza defended the conduct of the congressional investigation despite ongoing BMI probe stressing that it is part of the mandate of Congress.
Cuenco for his part said that before holding another session, the House committee on transportation will wait for the result of the BMI investigation, which will be submitted by the end of the month. (Sunnex/LCR)
