NEVER lose hope.
That’s the advice of the son of the late lawyer Napoleon Sesante, who sued and won a law suit in relation to the sinking in 1998 of the mv Princess of the Orient.
“We should never lose hope in the justice system of our country,” Sesante’s son, Kenneth Kerrn, also a lawyer, told Sun.Star Cebu, in a phone interview yesterday.
In its judgment dated Aug.14, the SC’s First Division affirmed the judgment of the Court of Appeals, which ruled to award damages to the elder Sesante, who sued Sulpicio Lines Inc. (SLI) after surviving the maritime disaster.
The High Court ordered the SLI, now Philippine Span Asia Carrier Corp. (PSACC), to pay Sesante’s heirs P1 million as moral damages; P1 million as exemplary damages; and P120,000 as temperate damages.
The court also set a six percent interest per year on the amounts, which is applicable from the date of the decision’s finality to the date of full payment.
“The anguish and moral sufferings he sustained after surviving the tragedy would always include the memory of facing the prospect of his death from drowning, or dehydration, or being preyed upon by sharks,” read the SC’s ruling penned by Associate Justice Lucas Bersamin.
The younger Sesante said he hopes that the SC ruling would encourage other petitioners to continue in their legal battle against the shipping firm.
Napoleon was substituted by his children Maribel Atilano, Kristen Marie, Christian Ione, Kenneth Kerrn and Karisna Kate when he passed away in 2003.
Napoleon, former Cebu City police chief, sued PSACC for breach of contract and damages in 1998.
Sesante alleged in his complaint that the mv Princess of the Orient left the port of Manila while Metro Manila was experiencing stormy weather last Sept. 18, 1998. The vessel sank near Fortune Island in Batangas, killing 150 of 388 passengers.
In 2001, the Regional Trial Court Branch 91 of Quezon City awarded him P1.4 million in damages after it established “due diligence” in the selection and supervision of its vessel crew.
The lower court ruled that PSACC, being negligent, was liable to Sesante pursuant to Articles 1739 and 1759 of the Civil Code.
Appeals court
The shipping firm elevated the case to the appeals court, which also ruled in favor of Sesante.
It eventually appealed the case all the way to the SC and argued that the lower courts erred in sustaining what it called as “unreasonable, excessive, and unconscionable” award for damages.
In the decision, the High Court ruled that PSACC’s petition is unwarranted, saying the firm is liable for breach of contract of carriage.
“The court recognizes the mental anguish, agony and pain suffered by Sesante, who fought to survive in the midst of the raging waves of the sea while facing the immediate prospect of losing his life. His claim for moral and economic vindication is a bitter remnant of that most infamous tragedy that left hundreds of families broken in its wake,” the SC said.