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Tuesday, July 08, 2008
Sulpicio asks court to stop ferry probe
MANILA -- Owner of the ill-fated m/v Princess of the Stars filed Monday another civil suit before the Manila Regional Trial Court (RTC), this time seeking a temporary restraining order (TRO) enjoining the Board of Marine Inquiry (BMI) from continuing its investigation into the tragedy.
Named respondents were BMI chairman Rear Admiral Ramon Liwag, Chief Engineers Bonifacio Balentic and Diosdado Ramos, retired Marine Captains Benjamin Mata and Amado Romillo, Commodore Ramon Reblora, and Philippine Coast Guard (PCG) commandant Wilfredo Tamayo.
Arroyo Watch: Sun.Star blog on President Arroyo
Sulpicio Lines also sought the defendants to pay, jointly or severally, the sum of P500,000 as moral damages, P100,000 as attorney's fee, plus litigation expenses of P50,000 and the costs of suit.
The case stemmed from defendants' alleged gross violation of rules in investigation of Maritime Incidents or Casualties.
In its complaint-affidavit, Sulpicio said the current investigation by the BMI of the m/v Princess of the Stars tragedy is "irregular, illegal, and null and void for want of jurisdiction and authority."
Sulpicio alleged that it is the Maritime Industry Authority (Marina), which is authorized under Republic Act (RA) 5173 or the Philippine Coast Guard Law to investigate maritime casualty, while stripping the BMI of its investigatory power over a ship owner or operator involved in maritime accidents.
However, it pointed out that the defendants continued to convene themselves as an investigating body to look into the sinking of the ship when "they have no legal authority to do so."
"Instead of an investigation, what the BMI is conducting is an inquisition. Despite laudable and utmost efforts by the Chairman to be reasonable, the proceedings is turning out to be a farce in the sense that the employees of plaintiff who have been summoned as 'witnesses' have been badgered, and oftentimes publicly humiliated with uncalled for remarks from the Board members," Sulpicio said through lawyer Arthur Lim.
It noted the remarks made by members such as "Your vessel is not stable!" "You are negligent!" "You have no business being a safety officer," which, they claimed, show bias and prejudgment and add to the pervasive negative publicity against Sulpicio Lines.
Meanwhile, the Manila RTC ordered the Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pag-asa) to comment on the civil suit filed by Sulpicio blaming its alleged wrongful forecast of the weather that led to the tragic sinking of m/v Princess of the Stars off Sibuyan Island last June 21.
Judge Silvino Pampilo Jr. of the Manila RTC Branch 26 summoned Pag-asa and directed it to file its comment within 15 days in response to the allegations of Sulpicio that the weather bureau and its two officials were to blame for the tragedy that killed about 200 passengers and severely injured hundred others.
In its complaint filed on June 30, the shipping firm through its senior first vice president Edgar Go sought P4.45 million in damages for Pag-asa's "gross incompetence and irresponsibility" in making an inaccurate weather forecast of Typhoon Frank (international codename: Fengshen) that prompted vessel master, Captain Florencio Marimon Sr., to continue to set sail.
Of that amount, Sulpicio is seeking P2.5 million for moral damages, P1 million for "lost of goodwill," P500,000 for exemplary damages, P150,000 for attorney's fee and litigation expenses and P500,000 for moral damages done to Go.
Named respondents in the suit were Pag-asa director Prisco Nilo and Weather Services chief Nathaniel Cruz.
Outdated equipment
During the hearing on the tragedy at the House of Representatives, the congressmen criticized Pag-asa's method of information dissemination and equipment to predict the weather and typhoon movement.
Representative Monico Fuentebella, chairman of the investigating committee, also questioned Pag-asa why is it not using the budget allotted to them by the government in 2005 to purchase Doppler radars, which can predict typhoon movement more accurately.
According to Fuentebella, the tragedy could have been prevented had the weather bureau used the said radars.
Pag-asa was blamed by Sulpicio Lines for allegedly failing to give accurate and timely weather bulletin.
According to Nilo, his agency could only give weather bulletin every six hours, instead of every three hours as practiced in other countries, due to limited radars.
He said they requested the budget department to resort to a negotiated procurement hearing for the purchase of the equipment but it was denied.
He said they need P200 billion for acquiring Doppler radars. These radars were supposed to be distributed to different areas of the country such as Subic and Tagaytay in Luzon, Cebu in the Visayas, and Surigao del Sur and Tampacan in Mindanao.
Also at the hearing, Tamayo maintained that it is not the PCG but the ship's captain who can decide whether a vessel would be allowed to sail or not.
Tamayo issued the statement in response to the query of Representative Risa Hontiveros-Baraquiel as to whether the PCG can be held liable for the sinking of the ship.
He said the PCG can only advise ships to take shelter once storm signals go up a notch.
No request
Budget Secretary Rolando Andaya Jr., in a media interview, denied that a request for a negotiated procurement of the Doppler radars was made to his office by Pag-asa.
Andaya said he is wiling to attend congressional hearings to explain his side if invited by Congress.
He said although four public biddings were held for the purchase of the Doppler radars, it failed due to the lack of qualified companies to supply the equipment.
He said that if they continued to fail to meet the qualifications for the biding, "why would he (Nilo) want to negotiate with them, when it is same companies that would join the negotiated procurement hearings."
Press Secretary Jesus Dureza meantime welcomed the ongoing congressional investigation into the sinking of m/v Princess of the Stars, believing that it would result in something useful that would either help prevent a repeat of the incident in the future or help address the current situation.
Dureza also defended the conduct of the investigation, despite ongoing investigation by other bodies, stressing that it is part of the mandate of Congress.
"Congress has its own inherent power to look into and conduct its own investigations in aid of legislation, so this is entirely within their competence and authority, and any result of that investigation will probably enhance further whatever action plans that should be taken in light of that incident," he said. (Sunnex)
For more Philippine news, visit Sun.Star Cebu. (July 8, 2008 issue)
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