Sulpicio exec cleared in Princess of the Stars sinking

MANILA (Updated) -- The Court of Appeals (CA) ordered the dismissal of criminal charges against an official of the Sulpicio Lines Inc. (now Philippine Span Asia Carrier Corp.) in connection with the 2008 sinking of the MV Princess of the Stars.

In a 33-page decision, the CA 15th Division directed the Manila Regional Trial Court branch 5 not to accept information that will indict the company's first vice-president for administration Edgar Go, since the Department of Justice (DOJ) acted with grave abuse in the preparation of these cases: reckless imprudence resulting in multiple homicide, damage to property, and serious physical injury.

"The flaw in the DOJ panel's finding is that it proceeds from the mistaken premise that petitioner, as first vice-president for administration and head of the Crisis Management Committee, possesses the power, authority, and duty to control and decide matters pertaining to the vessel's navigation at sea," the decision penned by Associate Justice Melchor Sadang read.

The CA said the authority belongs to the captain of the vessel, Florencio Marimon, in coordination with the Philippine Coast Guard in view of the weather bulletin.

Following this line, Go should not also be blamed for not instructing the vessel to seek shelter or drop anchor at the height of Typhoon Frank's (international name: Fengshen) wrath in late June 2008.

"On the contrary, petitioner (Go) is prevented from interfering with the judgment of the captain on the safe navigation of the vessel," the decision dated March 22 stated.

In this photo released by the Office of the Vice President Noli de Castro, rescuers search for survivors of the sunken passenger ferry, the MV Princess of the Stars, off Sibuyan Island, on Tuesday, June 24, 2008. Still hoping for a miracle, divers wriggled into the upside-down ferry Tuesday but found only bodies three days after the vessel capsized during a powerful typhoon with more than 850 people aboard, officials said. (AP)

The decision, however, does not exempt the shipping line from any liability.

"It cannot be overemphasized that the settled rule in maritime law is that the ship owner is civilly and directly liable for indemnities on account of death or injury which may arise from the conduct of the captain in the care of goods as well as for the safety of the passengers transported," the CA said.

The Cebu-bound ship capsized off Sibuyan Island in Romblon province on June 21, 2008, leaving 227 people dead and 592 missing. Only 32 people survived.

The incident, considered one of the world's biggest maritime disasters, prompted Sulpicio to change its name in 2009 after incurring losses because of the tragedy. (Virgil Lopez/Sunnex)

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