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Tuesday, March 02, 2004
Superferry 14 owners liable for accident: DOJ
MANILA -- Whether the Abu Sayyaf Group (ASG) is involved or not, owners of the ill-fated Superferry 14 may not escape liability.
"It's too early to make any conclusion exculpating the owners of the vessel," Chief State Prosecutor Jovencito Zuņo said Monday, adding that criminal cases following sea accidents are "settled by owners with the victims before they reach us."
Superferry 14 is owned and operated by Aboitiz Transport.
President Arroyo on Monday also dismissed a claim by the Abu Sayyaf being responsible for the fire that hit Superferry 14
"Up to this point, there is nothing in the investigation that shows this was a terrorist incident. The Coast Guard confirms this and is on top of an in-depth probe. This could also be coming from the terrorists themselves but only as an afterthought to propagandize their evil cause and instigate fear," Arroyo said.
Earlier reports said a Moro suicide bomber known to be member of the bandit group caused the huge explosion inside the passenger ship. One passenger was confirmed dead, while nearly 200 people are still missing in the accident.
At the same time officials said rescuers had found none of the more than 140 passengers and crew of the SuperFerry 14 deemed missing.
Coastguard chief Rear Admiral Arturo Gosingan said in a TV interview in Manila, "As of this time rescue teams have entered the ship. So far the only things they turned up were some pieces of baggage."
At the Senate, Sen. Ramon Magsaysay Jr. said the government can ask the help of the US and other international investigation agencies in determining what transpired on board Superferry 14 and if the Abu Sayyaf was responsible for the accident.
Magsaysay Jr., vice chairman of the Senate committee on national defense, made the suggestion as he analyzed that the accident may be a terrorist act.
Zuno, meanwhile, said he cannot comment on the exact liabilities involved in the case since the issues could be raised by parties who may intend to pursue lawsuits before the Department of Justice (DOJ).
Zuņo said all investigations must be conducted "by the PPA (Philippine Ports Authority) and the Board of Marine Industry (BMI)."
"For now, it's for the law enforcement to start their investigation, we don't know yet the proximate cause of the accident."
Under Philippine laws, vessels are presumed to have been at fault or to have acted negligently in case of death or injuries to passengers.
The liability extends to deaths and injuries resulting from acts of the vessel owner's employees despite the vessel owner's good faith in hiring them.
An explosion sparked fire that consumed the 10,192-ton vessel early Friday just outside Manila with at least 900 people on board. Seven hundred fifty-seven people were rescued and one passenger was confirmed dead.
Cause
President Arroyo said investigators will eventually get to the root cause of the accident, and will undertake measures to prevent a repeat of the tragedy.
She called for calm and sobriety and asked the media not to propagate panic or unnecessary speculation. She said the calls to the media, text messages and rumors are the work of pranksters.
However, she said security is being tightened in ports "to effectively screen out terrorists or bombs from our ships."
She assured the families of the more than 100 passengers still missing in the accident that the search for their loved ones continues to be government's priority.
On the other hand, Presidential spokesman Ignacio Bunye said evidence and testimonies from survivors so far gathered showed that the Superferry fire was "accidental," and not the result of sabotage.
Meanwhile, Sen. Rodolfo Biazon recommended thorough investigation of the Superferry 14 tragedy.
He said the Abu Sayyaf might use the accident to take advantage and sow fear.
Both Magsaysay and Biazon have urged their colleagues to expedite the passage of pending domestic shipping bills in order to protect the maritime industry and passengers. Benjamin B. Pulta/JMR/JPM
(March 2, 2004 issue)
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