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Friday, July 11, 2008
Court junks Sulpicio's plea vs ferry probe
MANILA -- The Manila Regional Trial Court (RTC) on Thursday ordered the Board of Marine Inquiry (BMI) to proceed with its investigation into the sinking of the m/v Princess of the Stars as well as the possible culpability of the ship owner, Sulpicio Lines, Inc.
In an order, Judge Antonio Eugenio Jr. of the Manila RTC Branch 24 denied for lack of merit the petition of Sulpicio for the issuance of a temporary restraining order (TRO) on the BMI, claiming that the agency grossly violated the rules in investigation of Maritime Incidents/Casualties.
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The trial court said it is not fully convinced of the "extreme necessity" of a TRO on the allegations of the shipping firm that the BMI usurped the power and authority of the Maritime Industry Authority (Marina) in conducting the inquiry.
The company also alleged that the BMI should not be allowed to pursue its investigation due to its "bias."
"In the matter of alleged bias and prejudgments on the part of some of the respondents, injunction need not be resorted to and plaintiff can very well seek the inhibition of those who appear to have shed off the cold neutrality of an arbiter," the court ruled.
The court said the BMI and the Marina, which are both attached agencies of the Department of Transportation and Communications (DOTC), could not duplicate each other in the same task of maritime investigation of sea disasters considering the danger of arriving at conflicting findings that can only embarrass the department.
"The two agencies must therefore put their acts together. Accordingly, for lack of merit, the prayer for the issuance of temporary restraining order embodied in plaintiffs verified complaint is hereby denied," it said.
Named respondents in the petition were BMI chairman and members that include Rear Admiral Ramon Liwag, Bonifacio Balentic, Diosdado Ramos, Benjamin Mata, Amado Romillo and Ramon Reblora. Philippine Coast Guard (PCG) Chief Wilfredo Tamayo is also included in the charge sheet.
Mata, BMI vice chairman, and Romillo resigned on July 8 from the BMI panel due to allegations that the board was biased against Sulpicio.
During the hearing last Wednesday, Sulpicio lawyer Arthur Lim presented Marina Chief Legal Counsel Manuel Fortus, former Marina deputy director Vergel de Dios, and Sulpicio senior vice president Edward Go.
The witnesses were presented to impart "expert opinions" on Republic Act (RA) 9295, which was the basis of Sulpicio's suit that the marine investigators have no right to interfere with Sulpicio's latest tragedy.
The law states that BMI's investigation authority over ship owners and operators have been turned over to Marina.
The m/v Princess of the Stars sank off near Sibuyan Island in Romblon Province at the height of Typhoon Frank (international codename: Fengshen) last June 21, wherein 862 persons composed of passengers, crews and auxiliaries were onboard.
Aside from the BMI, the shipping firm is also suing the Philippine Atmospheric Geophysical and Astronomical Services Administration (Pag-asa) for an inaccurate weather forecast; and Del Monte Philippines for allegedly not declaring the hazardous content of its shipment of endosulfan, a chemical used as fertilizer for pineapple plantations.
The Manila RTC ordered 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 the MV Princess of the Stars.
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 the typhoon that prompted vessel master, Captain Florencio Marimon Sr., to continue to set sail.
Of that amount, Sulpicio is seeking P2.5 million 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. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Davao. (July 11, 2008 issue)
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