SC asked to uphold case vs. Sulpicio exec over Princess of the Stars tragedy March 6, 2014 2:27pm Families of the victims of the 2008 sinking of MV Princess of the Stars, which left over 300 dead and hundreds others missing, have asked the Supreme Court to uphold the criminal charges against an official of Sulpicio Lines Inc. (SLI). In a petition for certiorari, the families appealed to the SC to reverse a Court of Appeals ruling that cleared Edgar Go, Sulpicio Lines vice president for administration, of criminal charges. A Manila court has already been hearing the case when the CA came up with its ruling in favor of Go. Naka-siyam nang witnesses sa trial court tapos biglang lumabas ang CA ruling exonerating Go, said Persida Rueda-Acosta, chief of the Public Attorneys Office (PAO), which is helping the victims, on Thursday. Acosta, who said their petition is supported by the Solicitor General, insisted that Go should have been also held liable for the tragedy. Kasi dapat umaga pa lang na nagmi-meeting sila [Sulpicio Lines officials], inutusan na niya [Go] ang captain to take shelter. Hindi yung nakipag-eye-to-eye sa bagyo sa Romblon na doon Signal No. 3, Acosta said. Hindi pwedeng maging dense na kasalanan lang yan ng captain kasi ang may-ari ng barko may say kung maglalayag o hindi, she added. In its original April 2013 ruling, the CA granted the petition for certiorari filed by Go, which sought to question the criminal charges filed against him by the Department of Justice (DOJ) with a Manila court. The CA invalidated a June 22, 2009 DOJ resolution finding probable cause to charge Go with reckless imprudence resulting in multiple homicide, damage to property and serious physical injury. The appelate court also voided the subsequent resolutions of the DOJ—dated March 22 and June 8, 2010—that denied both Gos petition for review and motion for reconsideration. As a result of its decision, the CA asked the Manila Regional Trial Court Branch 5 to no longer entertain the criminal case filed with it by the DOJ against Go. The CA said the DOJ erred when it held Go liable for not ordering the ill-fated ship to seek shelter at the height of Typhoon Frank in 2008. The CA stressed that based on the Code of Commerce on the liability of ship owners and ship captains, a captain “has control over all departments of service in the vessel, and reasonable discretion as to its navigation.” It also said that no evidence was presented to show that Go even had the authority to decide or give orders on whether or not their vessel should seek shelter or push through with a voyage. The CA stressed that as a ranking official for administration, Gos main responsibility was merely to supervise officials and personnel of the shipping line. — Mark Merueñas/KBK, GMA News Tags: Supreme Court
Posted on: Thu, 06 Mar 2014 12:00:54 +0000
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