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Tuesday, July 01, 2008
Sulpicio sues weather bureau
MANILA -- The Philippine Atmospheric Geophysical and Astronomical Services Administration (Pag-asa) found itself in the middle of a legal storm following an alleged wrongful forecast that led to the sinking of the ill-fated mv Princess of the Stars last June 21.
Sulpicio Lines Inc., through its senior first vice president Edgar Go, filed a civil suit for damages against Pag-asa before the Manila Regional Trial Court Monday.
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The shipping company is seeking P2.5 million moral damages, P1 million for "lost of goodwill," and P500,000 for exemplary damages. The Go family, owner of Sulpicio Lines, is asking P500,000 for moral damages and P150,000 for attorney's fee and litigation expenses.
Named respondents in the suit were Pag-asa director Prisco Nilo and Weather Services chief Nathaniel Cruz.
In the complaint-affidavit, Sulpicio blamed Pag-asa for "gross incompetence and irresponsibility" in making a wrong weather forecast of Typhoon Frank (international codename: Fengshen) that led to the tragic sinking of its ship off Sibuyan Island in Romblon Province.
Based on the facts culled by Sulpicio, mv Princess of the Stars left Manila Port on June 20 bound for Cebu on a regular voyage laden with passengers and cargoes within authorized limits as reportedly inspected and cleared for departure by the Philippine Coast Guard (PCG).
At the time of the departure, Captain Florencio Marimon Sr., the vessel master, allegedly relied on the Pag-asa report issued 4:45 p.m. of June 20 announcing bad weather in various places but only with signal number 1 at Manila Port.
Despite the stormy weather in various parts of the country, the vessel was purportedly cleared to depart from Manila because the ship was the biggest in the country with 23,824.17 GRT and could steam full ahead at an average speed of 20 knots. The complaint asserted that the ship, if needed, could seek shelter in various areas along her pre-plotted route to Cebu.
At 11 p.m. of the same day, while the vessel was reportedly still at Corregidor area, Pag-asa issued Weather Bulletin number 9, which forecasted that the typhoon will move northwest at 19 kilometers per hour (kph).
With said report, the vessel proceeded on her course as the forecast position of the typhoon would put the vessel at a parallel distance of around 160 kilometers from each other.
However, the typhoon did not move northwest as forecasted in Weather Bulletin number 9 but moved westward.
Instead of going upwards to the Luzon area and safely pass the vessel at a parallel distance of around 160 kilometers, it went across south of Masbate in a westward direction, where the vessel was headed in her course.
The next weather bulletin was issued at 5 a.m. of June 21, which stated that the typhoon has moved westward for the past six hours and was in the Panay and Mindoro area.
Sulpicio said if the westward movement occurred only after 11 p.m. of June 20 (counting six hours backwards from 5 a.m. of June 21), Pag-asa could still have issued a supplemental broadcast advising ships at sea.
"Had this be done, the vessel, which was then in the Romblon area, could have sought shelter there," the complaint stated.
Sulpicio alleged that Pag-asa "willfully and maliciously forecasted Typhoon Frank's movement as northwest in their Bulletin number 9 which was the forecasted movement in Bulletin number 8 earlier issued, when they knew fully well that as of 11 p.m. of June 20, 2008 when Bulletin number 9 was issued, Frank was not moving northwest but was actually moving westward, a very big disparity, as confirmed in Bulletin number 10 issued at 5 a.m. of June 21, 2008."
It said Pag-asa should have coordinated and advised the PCG of the significant change in Typhoon Frank's direction movement, so that the Coast Guard could have warned ships at sea of the correct and actual position and movement of the typhoon.
There were more than 800 passengers and crew on board Sulpicio's mv Princess of the Stars when it capsized in Sibuyan island. Hundreds are still missing, but rescue and retrieval operations were suspended due to fear that divers may be exposed to toxic chemicals in the cargo hold.
Meanwhile, President Gloria Macapagal-Arroyo would personally meet and condole with the families of the victims when she goes to Cebu on Wednesday to check on their conditions.
She vowed that the government is committed to bring justice to those who would be proven liable for the incident.
"We will be meeting with families of the victims of the ferry accident. I would pledge to them that we will get to the bottom of this terrible tragedy," said Arroyo.
The President added that even when she was in the United States, she has remained on top of the situation in the Philippines, which was then affected by the storm.
"We were able to begin extensive assistance to aid in search, recovery, and relief efforts. We have demanded a full accounting," she said.
Arroyo also vowed to improve the Philippines' preparedness for future typhoons after the weather bureau reported that at least 14 more typhoons would pass through the country within the year.
She said doppler radars or similar weather forecasting instruments would be put up in at least two cities and eight provinces nationwide to improve weather forecasting, which is in addition to the doppler radars already existing in Baguo City and Baler in Aurora Province. (ECV/JMR/Sunnex)
For more Philippine news, visit Sun.Star Baguio. (July 1, 2008 issue)
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