Sulpicio exec cleared with finality from criminal charges

MANILA, Philippines - The Court of Appeals (CA) has cleared with finality an executive of Sulpicio Lines from criminal charges in connection with the sinking of M/V Princess of the Stars in 2008 that killed 800 passengers and crew.

In a three-page decision released yesterday, the former 15th Division of the CA stood firm in its earlier decision absolving Edgar Go, vice-president for administration of Sulpicio Lines Inc. that owns M/V Princess of the Stars, on charges of reckless imprudence resulting in multiple homicide, physical injuries and damage to properties.

It denied the motion for reconsideration filed by the Department of Justice (DOJ), the Volunteers Against Crime and Corruption (VACC) and several individuals of its decision issued on March 22 last year.

The CA did not give merit to the arguments of the appellants saying that these were already raised in the main petition that were already considered by the court in its March 22, 2013 ruling.

“After a circumspect review, this Court finds no compelling reason to reconsider the March 22, 2013 decision. The grounds raised in the motions and the arguments advanced in support thereof are mere reiterations of those already exhaustively considered by the Court, and no substantial reason is presented that has not been previously invoked or passed upon,” read the ruling penned by Associate Justice Melchor Sadang.

“Considering the foregoing, the motion for reconsideration and the supplemental motion for reconsideration are denied for lack of merit,” it added.

Concurring with the ruling were Associate Justices Celia Librea-Leagogo and Franchito Diamante.

The Princess of the Stars sailed from Manila at around 8 a.m. on June 20, 2008, bound for Cebu City but the vessel sank off Sibuyan Island, Romblon, on June 21 after encountering strong winds and big waves brought about by Typhoon Frank.

In its original ruling, the CA noted that a Philippine Coast Guard (PCG) boarding officer had inspected the ill-fated ship prior to its departure.

The PCG officer then informed Capt. Florencio Marimon, skipper of the Princess of the Stars, that there would be a storm in the area where they would pass.

But the ship was allowed to sail after Marimon presented an alternate route, the Coast Guard approved it and cleared the ship for departure.

“It is clear that petitioner (Go) did not have the authority to clear the departure of the vessel and he did not participate in the decision concerning said departure. There is therefore no legal or factual basis for his indictment,” the appellate court said.

The CA had granted Edgar Go’s petition to nullify and set aside the March 22, 2010 and June 8, 2010 resolutions of the DOJ that ordered his indictment in connection with the sinking of MV Princess of the Star.

The DOJ and the other appellants insisted that Go is criminally liable for his order to Capt. Marimon to deviate from Princess of the Stars’ regular route to avert the eye of the typhoon.

They stressed that the Sulpicio Lines official cannot validly invoke the master’s overriding authority clause under Regulation No. 34 of the SOLAS (Safety of Life At Sea) because as owner and officer of Sulpicio Lines Inc., Go cannot wash his hands of the liability for the lapses of the ship captain who is merely an SLI agent.