Kin of Princess of the Stars’ victims appeal CA ruling

MANILA, Philippines - Families of casualties and survivors of the sinking of M/V Princess of the Stars in June 2008 appealed yesterday a Court of Appeals (CA) ruling that cleared a top executive of Sulpicio Lines of criminal liability.

In a 26-page motion for reconsideration filed through the Public Attorney’s Office, the victims’ relatives insisted that Sulpicio’s first vice president for administration, Edgar Go, should made to pay for failing to order the ship captain “to drop anchor and take shelter despite knowing that the vessel (was) traveling its regular route even with typhoon Frank.”

Petitioners cited a Philippine Coast Guard Circular stating that “it is the responsibility of the ship owner or operator to discourage any vessel’s movement except for sheltering purposes especially when typhoon signals are hoisted or expected to be hoisted within the area of origin, the route and the destination.”

In a 33-page decision last month, the CA’s 15th Division granted the petition of Go questioning his indictment for reckless imprudence resulting in multiple homicide by the Department of Justice (DOJ).

The CA ruled that the DOJ was wrong in indicting Go for not instructing the Marimon to seek shelter or drop anchor in the middle of the storm.

Again, it stressed that Go – even as vice president of the firm and head of its crisis management committee – did not have the “power, authority and duty to control and decide matters pertaining to the vessel’s navigation at sea.”

It cited lack of law granting administrative officers the power to direct the vessel at sea.

The 300-ton vessel was carrying more than 800 passengers and crew when it sank. Sulpicio said 32 survived the tragedy while 312 bodies were later recovered, while others were believed to have been trapped inside.

Retrieval operations were halted following the discovery that the ship carried a cargo of 10,000 kilos of the pesticide endosulfan.