CA clears Sulpicio exec of liability over ferry sinking

MANILA, Philippines - An executive of Sulpicio Lines – now Philippine Span Asia Carrier – was absolved of criminal liability in the sinking of the ferry Princess of the Stars in 2008.

The Court of Appeals (CA) has ruled that the Department of Justice (DOJ) erred in charging Edgar Go, Sulpicio first vice president for administration, with reckless imprudence resulting in multiple homicide.

“That petitioner allowed the officers of the vessel to decide whether to set sail or not does not render him criminally liable,” read the CA decision. “Such decision was within the authority of the captain of the vessel in coordination with the (Philippine Coast Guard) in view of the weather bulletin.”

The CA said the DOJ was wrong in charging Go for failing to instruct Florencio Marimon, the ship captain, to seek shelter or drop anchor in the middle of the storm.

The liabilities blamed on Go were the responsibilities of Marimon, the CA added.

The CA said Go, as first vice president for administration and head of Sulpicio’s crisis management committee, did not have the power, authority and duty to control and decide matters pertaining to the vessel’s navigation at sea.

“On the contrary, petitioner is prevented from interfering with the judgment of the captain on the safe navigation of the vessel,” read the CA decision.

The CA said no law grants administrative officers the power to direct the vessel at sea.

“The owner, operator, or the company operating the ship or any other person shall not prevent or restrict the captain from making and executing

any decision which, in his sole judgment, is necessary for the safe navigation of the ship,” read the CA decision.

The CA said the court does not absolve Sulpicio Lines 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,” read the CA decision.

Associate Justice Melchor Sadang wrote the decision.

Associate Justices Celia Librea-Leagogo and Franchito Diamante concurred.