Marina asked: Cancel franchise of Sulpicio

Families of the passengers of the ill-fated M/V Princess of the Stars have asked the Maritime Industry Authority to cancel the franchise of Sulpicio Lines Incorporated to ferry passengers.

At least 18 of them have filed the petition before the Marina last Thursday following the lifting of the grounding order of the two out of the eight passenger vessels of SLI.

As this developed, two more damage suits were filed yesterday against the shipping company, its officials and the missing ship captain before the Regional Trial Court in Cebu City.

Chief public attorney Persida Rueda Acosta and the members of the panel helping the families of the victims in their cases are also assisting them in the petition for the cancellation of the franchise.

The complainants who came from Luzon, Visayas and Mindanao said that they have no objection to the continuous operation of SLI, adding that should the Marina decides to lift the hold order against its vessels it should be limited to cargo only.

They said that SLI should stop ferrying human passengers to avoid more accidents and loss of thousands of lives in the future because the company has an “impeccable record of negligence in the operation of its passenger vessels.”

In a 10-page petition for the cancellation of the franchise to ferry passengers, the victims’ relatives enumerated the history of sea tragedies that the SLI vessels were involved.

Based on the record, SLI allegedly has a “notorious history for sea mishaps involving its ships dating back from 1980 up to the present.

The petitioners said that in 1987, 4,300 passengers were declared dead and missing when M/V Doña Paz collided with an oil tanker and sank after it caught fire.

M/V Doña Marilyn also capsized in 1988 wherein 150 passengers died. Another SLI vessel capsized in 1998, the MV Princess of the Orient wherein another 150 passengers perished.

In 2002, M/V Tacloban Princess capsized causing the lives of two passengers and four were declared missing. Last June 21, 850 passengers of M/V Princess of the Stars that sank off Sibuyan Island were either declared dead or missing.

The petitioners said that the negligence of the M/V Princess of the Stars captain, Florencio Marimon, and the shipping company have resulted to the loss of many innocent lives.

The shipping company’s negligence was allegedly demonstrated by the fact that despite the hoisting by the Philippine Atmospheric Geophysical Astronomical Services Administration of the storm signal number three, captain Marimon proceeded to its normal course to Cebu.

Further, they said that M/V Princess of the Stars went on while other vessels already took shelter at Puerto Galera Cove, Oriental Mindoro and somewhere in Batangas.

“Indeed defendants’ negligence has been clearly shown by their absence of care and foresight to avoid damages, deaths and injuries,” the victims’ relatives said.

As a common carrier, according to the complainants, the respondents should have exercised extra-ordinary diligence of care to prevent damages and injuries to its passengers.

“Defendants’ absence of care tantamount to gross negligence and reckless imprudence thereby breaching the contract of carriage between them as common carrier and its passengers, was clearly and deliberately shown due to defendants’ absence or lack of effort to send their other ships to possibly rescue the passengers,” the petition reads.

SLI allegedly instead sent two tugboats to the site of the sinking, which are not sufficient to carry possible survivors.

It was also shown in the report of the Philippine Coast Guard that there was an alleged communication from the port captain that the M/V Princess of the Stars experienced engine trouble.

Meanwhile, two more civil cases for damages were filed yesterday against the SLI and its officials.

SLI president Enrique Go, executive vice president Eusebio Go, executive vice president and chief executive officer Carlos Go, senior vice president and secretary Victriano Go, 1st vice presidents Dominador Go, Eduard Go and Edgar Go and 1st vice president and treasurer Richard Go were among the respondents.

Marimon, who remains missing until now, was also included in the new cases, which are filed by Cecenia Cellar and Eva Garcia before the RTC in Cebu City.

Cellar’s husband, Aquiles, who is a seaman working in an international shipping company remains missing while Garcia’s husband, Hermenigildo, also perished in the fateful June 21 tragedy.

Cellar is demanding P36.4 million actual damages, P800,000 moral and exemplary damages excluding the 20-percent attorney’s fees. Garcia on the other hand is demanding P3.6 million actual damages and P800,000 moral and exemplary damages.

PAO regional director Maria G-Ree Calinawan said more cases will be filed next week against the shipping company. — Fred P. Languido/WAB