Court orders Sulpicio to pay survivors of Orient sinking
The past seems to continue haunting embattled Sulpicio Lines Incorporated with another court ruling that again found the shipping company guilty for damages and breach of contract and awarded almost P2 million to four survivors of the sinking of MV Princess of the Orient ten years ago.
Regional Trial Court in Cebu City branch 19 Judge Ramon Codilla, Jr. found SLI culpable in the civil case for breach of contract and damages filed by army major Victorio Karaan, retired Army 2nd Lieutenant Napoleon Labrague, his wife TSgt Herminia and Ely Liva.
Sulpicio Lines, however, has filed a motion for reconsideration on the court’s decision. The shipping company alleged that the court relied on disputed facts as basis for making a decision and that it brushed aside the findings of coast guard that cleared them of any liability.
The FREEMAN last night called up the management of the shipping firm on the development of the motion for reconsideration that it has filed. But one of its officials refused to comment on the matter, telling The FREEMAN instead to refer the issue to their spokesperson.
The FREEMAN tried for several times but failed to contact lawyer Victoria Florido, spokesperson of Sulpicio Lines, for her comment.
The complainants were among those, who survived during the sinking of the Princess of the Orient almost ten years ago at the vicinity of
The court ordered SLI to pay a total of P550,000 for Karaan representing the actual, moral, exemplary and nominal damages. It likewise ordered SLI to pay P1 million for Labrague couple and another P200,000 for Liva.
In an 11-page decision dated May 15, Codilla held the shipping company liable for violation of the provisions of the Civil Code that obligated common carrier to carry their passengers safely.
Article 1755 of the Civil Code states that, “a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using utmost diligence of very cautious persons, with due regard for all the circumstances.”
The subsequent provision also states that, “in case of death or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently unless they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755.”
According to Codilla, the fact that the vessel sank is evidence that there was gross negligence on the part of Sulpicio Lines.
Sulpicio Lines Incorporated contended that the sinking of the vessel was due to a fortuitous event or force majeure that is allegedly beyond human control. The shipping company contended that the vessel was sea worthy and was properly manned by qualified and competent crew.
All the necessary navigational equipment was allegedly working and was cleared by the Philippine Coast Guard before it left
But, because of the existing coast guard guidelines that only vessels of less than 250 gross tons are not allowed to sail if signal number one is hoisted in its port of origin, Princess of the Orient being a huge vessel with a gross tonnage of 13,734 was allowed to navigate.
However, the court ruled that the defendant’s contention that the sinking was due to force majeure does not deserve merit.
The court believes that there was gross negligence on the part of the crew of the vessel by not securing all cargoes and objects that were on board the vessel. Article 1756 of the Civil Code holds the company equally liable for the negligence of its employees unless they can prove that they exercised extraordinary diligence.
This is the second time that SLI was found guilty of damages on the Princess of the Orient tragedy and was ordered to pay the complainants. RTC judge Estella Alma Singco of branch 12, in a decision dated February 1, but was only released to media last Wednesday, ordered the shipping company to pay the heirs of Ernesto Unabia P6.4 million. — (/NLQ)
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