CEBU, Philippines - The management of 2Go Shipping cannot claim damages as a result of the collision between its passenger vessel MV St. Thomas of Aquinas and Philippine Span Asia Carrier Corporation’s cargo vessel Sulpicio Lines 7 because they failed to file a marine protest within the required period.
This was according to PSACC corroborating counsel Roland Inting in an interview after the show cause hearing yesterday at the Maritime Industry Authority (MARINA) office.
Inting said 2GO failed to file its marine protest within 24 hours after the sea tragedy, as required under the law.
PSACC lead counsel Jaime Vibar said 2Go filed their marine protest 43 hours after the tragedy which is a violation under the Code of Commerce.
The lawyer also claimed that they filed their marine protest the following day after the August 16 collision off Lawis Ledge in Talisay City.
The Philippine Coast Guard requires the document for the purpose of official record of the maritime accident and in determining whether the merchant marine officer and personnel should be held liable.
The marine protest shall be the primary evidence in the investigation of the accident.
Meanwhile, Inting said that victims of the sea tragedy or the two shipping companies involved may file a case against Trans-Asia for its alleged failure to help the passengers.
“Trans-Asia is duty bound to help,†Inting said.
Trans-Asia was put in a hot water after it allegedly failed to respond the distress call from the sinking MV St. Thomas Aquinas and did not go back to help rescue the passengers.
Trans Asia earlier explained that their ship was unable to go back as it was already far at about 5 miles away from the collision site and the channel was narrow that they cannot make a u-turn.
Trans Asia said that if they go back, their vessel could run aground, which will put the lives of their 300 passengers on board at risk.
Lawyers of both shipping companies attended the show cause order hearing yesterday as earlier issued by MARINA.
During the initial hearing yesterday, MARINA hearing officer Bashiruddin Adil explained that the Special Board of Marine Inquiry is fact-finding in nature to determine which among the two vessels is liable on the sea tragedy while MARINA is ordering both parties to present their side on why their certificate of public convenience should not be revoked or cancelled.
“We are conducting a hearing here on the issue whether the CPC of both vessels will be suspended, revoked or penalized,†Adil said.
A pre-trial conference is scheduled on October 11, 2013 for both parties to agree how many witnesses as well as the documents that will be presented during the formal hearing.
“It is really up to them. They can present witnesses here (MARINA), the same set of witnesses that they have presented to the BMI,†Adil told reporters. –(FREEMAN)