Friday, July 25, 2008 SC affirms exoneration of oil firm in sea tragedy
THE Supreme Court (SC) on Thursday cleared Caltex Philippines (now Chevron) of liability as third-party defendant in the damage suit filed by victims of the tragic collision between MV Doņa Paz and oil tanker MT Vector off Tablas Strait in 1987.
In a decision penned by Associate Justice Antonio Eduardo Nachura, the SC Third Division affirmed the ruling of the Court of Appeals (CA) exonerating Caltex, which was pointed to by petitioners Vector Shipping Corporation and owner Francisco Soriano as culprit liable for damages in the sea tragedy that took place on December 20, 1987.
Sulpicio Lines, Incorporated, owner of another passenger ferry MV Princess of the Stars that sank off Sibuyan Island last June 26, also owned MV Doņa Paz that collided with MT Vector, igniting about 8,800 barrels of petroleum cargo of Vector.
Subsequent investigations into the accident found that Doņa Paz exceeded its passenger and cargo limits while Vector's boat license had already expired at the time of the mishap, recorded as the worst sea tragedy that killed 4,375 persons.
The high court said Vector in its petition failed to ascribe error on the part of the Manila Regional Trial Court (RTC) and the CA in rendering its assailed decision dated September 24, 2003, saying the court accords respect to the factual findings of the trial court, especially if affirmed by the CA on appeal.
"We have meticulously reviewed the records of the case and found no reason to depart from the rule. We cannot turn a blind eye to this gruesome maritime tragedy which is now a dark page in our nation's history," the SC ruled.
The SC junked the contention of Vector that it is absolved of payment of damages to the victims as it was on the ground that the findings of the Bureau of Marine Inquiry (BMI), which looked into the incident, is not binding on the court as such is limited to administrative liabilities.
Vector claimed that Sulpicio also is liable for its failure to observe extraordinary diligence, and guilt of navigational fault and negligence, being the one that rammed into the oil tanker which was traveling at a much slower speed.
"To accept petitioner's submission that this Court, along with the RTC and CA, should await the review of the BMI findings, would, in effect, limit the court's jurisdiction to expeditiously try, hear and decide cases filed before them. It would not only prolong (victims') agony but would result in yet another tragedy at the expense of speedy justice," the court said.
The SC further cited its previous ruling in Caltex vs Sulpicio, which is also about the same case. In that case, the tribunal absolved Caltex of any third-party liability, while Vector was ordered to reimburse and indemnify Sulpicio for whatever damages that it is adjudged to pay the victims.
The case stemmed from the complaint filed by the family of spouses Cornelio and Anacleta Macasa, who perished in the tragedy along with their eight-year-old grandson Ritchie. Their bodies were never recovered.
The Macasas filed a complaint for damages before the Manila RTC after it denied Sulpicio's initial offer of P200,000 for the death of the three victims.
Sulpicio refused the Macasas' claim that they are entitled to at least P1.7 million indemnity, saying Doņa Paz was seaworthy when it sailed and that the collision was Vector's fault. The shipping firm further claimed that the BMI has cleared them of liability.
Thus, Sulpicio filed a third-party complaint against Vector and Caltex, which chartered the oil tanker owned by Soriano.
An unfavorable ruling in the trial court and CA prompted Vector to elevate the case before the SC. (ECV/Sunnex)
