Wednesday, August 06, 2008 3 Mindanao-based kin, with PAO chief, running priest, sue Sulpicio over tragedy By Jujemay G. Awit Sun.Star Staff Reporter
THREE bereaved families from Mindanao trooped to Cebu to sue Sulpicio Lines Inc. (SLI) for the death of their loved ones when the mv Princess of the Stars sank last June 21.
They asked for a total of P15,412,000. This will cover actual, moral and exemplary damages, and attorney’s fees.
The plaintiffs are spouses Evelio and Luisa Peralta, who lost Evelio Peralta Jr.; Orlando and Anita Tigcom, parents of deceased Ophelia Tigcom; and Gloria Basnillo, wife of Glen Nomar Basnillo.
They were assisted by Chief Public Attorney Persida Rueda-Acosta, her staff, and running priest Fr. Roberto Reyes.
Named respondents are SLI, vessel captain Florencio Marimon, SLI president Enrique Go, executive vice-president Eusebio Go, executive vice-president and chief
executive officer Carlos Go, senior vice-president and secretary Victoriano Go, 1st vice-president Dominador Go, 1st vice-president and treasurer Ricardo Go and 1st vice-presidents Edward and Edgar Go.
A dozen cases
This brings the civil cases filed against SLI to 12. The nine others were filed in Manila.
The first to file was Celerna Calayag who lost her husband to the tragedy. She sought almost P10 million in damages in the suit filed last July 24.
Four more were filed on July 5 and four last July 30.
A total of P74,563,488 have been asked for by the 12 claimants.
“Several are coming,” Acosta told reporters yesterday.
On Thursday, more are expected to file in Cebu.
She said that a total of 300 families have lined up at Public Attorney’s Offices (PAOs) nationwide asking for help in litigation.
Fr. Reyes even encouraged the more than 800 families who lost their loved ones in the sea tragedy to file separate cases to teach SLI a lesson.
PAO, through a department order that Justice Sec. Raul Gonzalez Sr. signed, is authorized to help and assist the victims and their relatives in filing civil and criminal cases. PAO is the state’s legal aide office.
The plaintiffs assailed the P200,000 released by the company when it was part of the insurance policy that the victims paid for when it purchased the travel ticket.
According to the complaint though, the families of the victims were still compelled to sign a “release and quitclaim” that absolved SLI from liability.
The plaintiffs also noted “negligence” on the part of the vessel when it continued to sail despite the fact that the weather bureau has hoisted storm signal number three.
While other vessels took shelter, mv Princess of the Stars sailed on.
The families even defended the Philippine Atmospheric Geophysical and Astronomical Services Administration (Pag-asa) in the complaint, stating, “Prudence dictates that the (SLI’s) common carrier and its officers from time to time are expected to monitor from (Pag-asa) the weather condition.”
“Basically, Pag-asa has no knowledge, or access to all the vessels of (SLI).”
SLI initially filed a suit for damages against Pag-asa for alleged “wrong information” against typhoon Frank that resulted in the sinking of the ship. The agency was later dropped from the suit although Pag-asa’s executives remained as defendants.
The families also assailed the lack of rescue operations initiated by the company and the vessel’s carrying of toxic chemicals while humans were also on board.
Also, the complainants raised breach of contract when the ship failed to “exercise extraordinary diligence in transporting its passengers to their destination in Cebu.”
The plaintiffs arrived at the PAO past 3 p.m., but Regional Attorney Maria G-Ree Calinawan said they started preparing copies of the complaint Monday yet.
A total of 15 copies for each case were prepared.
The group, bearing a banner with the words “sumalangit nawa (rest in peace)” with a drawing of a sinking ship, then proceeded to the Regional Trial Court - Office of the
Civil Clerk of Court where Reyes led a 10-minute prayer before formally filing the case.
Reyes read a passage from the bible, particularly Psalm 23.
Later, in his prayer, Reyes asked, “Do they have consciences—Sulpicio, the Gos, the government and the justice system?”
Calinawan explained that they did not follow through with a class suit because there are different causes of action and different amounts sought for. The cases though, can be consolidated.
The damage suit is computed according to the age of the victim and his or her earnings.
Not a single one has filed for a criminal complaint yet.
While a lot of families have lined up to avail themselves of PAO’s free legal services, Acosta admitted that more families are asking them for help in retrieving the bodies of relatives left in the waters.
“Of course it is customary to look for the bodies because it is a tradition to have a humane burial,” said Acosta.
A panel of 18 PAO lawyers nationwide is tasked to handle the litigation. In Cebu, Calinawan will lead a panel of three, along with Public Attorneys Benjo Luther Macion and Danilo Tenebro Jr.
Acosta and Calinawan gave an assurance that the case will be expedited.
