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Ferry victims' kin file damage suit vs Sulpicio

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Saturday, July 26, 2008
Ferry victims' kin file damage suit vs Sulpicio

MANILA -- The families of the victims of the ill-fated MV Princess of the Stars filed Friday a multimillion-peso damage suit before the Manila Regional Trial Court (RTC) against ship owner Sulpicio Lines, Incorporated.

The passenger ship capsized off Sibuyan Island in Romblon Province on June 26, at the height of Typhoon Frank (international codename: Fengshen).

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Complainants were Rogelio Orfiano, Ephraim Osorio and his wife Maria Ale, Lilibeth Balaod, and Josephine Padua.

They were represented by lawyer Persida Rueda Acosta, chief of the Public Attorney's Office (PAO).

On Thursday, the family of the victim Jonathan Calayag filed a P10-million damage suit before the Manila RTC against Sulpicio.

Sued were Enrique Go, president of Sulpicio; Eusebio Go, executive vice president; Carlos Go, executive vice president and chief executive officer; Victoriano Go, senior vice president and secretary; Dominador Go, first vice president; Ricardo Go, first vice president and treasurer; Edward Go, first vice president; Edgar Go, first vice president; and all company directors and officers.

Also named defendant was Captain Florencio Marimon, master of the MV Princess of the Stars.

The Padua family asked for P7 million in compensatory damages, while the Balaod family asked for P3.37 million in compensation.

The Orfiano family meanwhile asked to be awarded P20.5 million for the death of 19-year-old John Lester Orfiano, an apprentice mariner.

The Osorio family, who lost Soseth Osorio, a mother of two girls aged 13 and 9 years old, only asked that it be awarded the sum of P400,000 in moral damages and P400,000 in exemplary damages.

The first three families also asked that they be awarded P400,000 in moral damages and P400,000 in exemplary damages.

Acosta, after the filing, said the PAO will be filing more civil suits against Sulpicio in the coming days. The filing of criminal complaints against the shipping firm will then be made after all civil suits have been filed separately.

She said the filing of the complaint for breach of contract of carriage and negligence on the part of Sulpicio is done separately than file a single class suit as it will be more beneficial to the claimants.

"This is based on the decision of the Supreme Court that it is practical and beneficial that there will be no class suit," she said.

She said although many of the victims' families are still hesitant in filing criminal cases against Sulpicio, the PAO is prepared to assist them should they decide to proceed.

Acosta also clarified that although relatives of the victims have agreed to receive the P200,000 from Sulpicio, it does not free Sulpicio from its responsibility to compensate the relatives of the victims for damages.

According to her, the P200,000 Sulpicio is giving represents the passengers' insurance proceeds, which premium is part of the prices of the ticket bought. (ECV/Sunnex)

For more Philippine news, visit Sun.Star Zamboanga.

(July 26, 2008 issue)
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