Wednesday, September 03, 2008 Helper’s child, victims’ kin file raps v. Sulpicio
THE untimely death of her mother prompted a 49-year-old Manila-based housemaid to rush home to Cebu.
But Nardita Sabalones never made it home, as she perished along with hundreds of others when the mv Princess of the Stars of Sulpicio Lines Inc. (SLI) sank at the height of a typhoon.
The latest complainant in a damage suit against SLI is Nardita’s daughter Angel Rose, represented by Nardita’s sister Lucita Pranza. This is the 14th case to be filed before the Cebu City Office of the Civil Clerk of Court in relation to the June 21 tragedy.
Pranza is asking close to P1.7 million in actual, moral and exemplary damages, as well as attorney’s fees through the Public Attorney’s Office.
Sabalones is earning P3,500 per month.
Also yesterday, criminal charges were filed by the Public Attorney’s Office (PAO) before the Department Justice (DOJ) against the officers of SLI and missing captain Florencio Marimon.
Respondents
Just like the 13 other cases filed in Cebu and the one filed by Pranza, the respondents were 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-presidents Dominador, Ricardo, Edward and Edgar, all surnamed Go.
They were charged with negligence and reckless imprudence resulting in multiple homicide and serious physical injury.
The complainants are 13 families, represented by PAO, whose relatives were among those who perished in the incident.
In a complaint, PAO Chief Persida Acosta said the SLI officers and Marimon should be held criminally liable for allowing the ship to set sail despite a declaration by the weather bureau that storm signals were raised in the areas where the ship will navigate due to typhoon Frank.
They said that the absence of care of SLI officials is tantamount to the breach of the contract of carriage between them as common carrier and its passengers.
Negligence
“Indeed, the negligence of the (SLI officials) has been shown by their absence of care and foresight to avoid damages, deaths and injuries to the passengers, respectively of said vessel. Further, the absence of skill on the part of Marimon was clearly demonstrated when he caused the mv Princess of the Stars to navigate despite (the typhoon warnings being raised) in the areas that it would be passing through, instead of seeking shelter,” Acosta said.
The complainants said it would have been more prudent for the respondents to anchor the ship at the sheltered Calapan Bay and to have checked with the weather bureau the movement of the typhoon from time to time.
PAO also revealed that mv Princess of the Stars, as attested by electronic surveillance monitoring equipment, was the only vessel at sea and did not take shelter when typhoon Frank struck on June 20.
It stated that the negligence of the respondents was further manifested when they allowed their ship to be loaded with about 40 metric tons of endosulfan and other toxic substances.
Sulpicio’s ‘fault’
In her complaint filed in Cebu, Pranza blamed the vessel and its management for sailing anyway, despite reports that typhoon Frank entered the country on June 19.
While admitting to receiving the insurance pay of P200,000 and signing a “unilaterally prepared” release and quitclaim, Pranza said this should not be an excuse for SLI to shirk from its monetary responsibility to its clients.
“SLI is duty-bound to release the said insurance proceeds to the plaintiff unconditionally, since it was part of the ticket fare which was paid for the safe carriage of the passengers of the mv Princess of the Stars,” read Pranza’s complaint.
Pranza, as well as the 13 other plaintiffs in separate civil suits, called SLI “negligent.”
“(SLI’s) negligence has been clearly shown by their absence of foresight to avoid damages, deaths and injuries, not only to the prejudice of plaintiff’s sister, but also with the rest of the passengers,” the 15-page complaint read. (JGA/Sunnex)
