SC reinstates case vs Sulpicio exec over sea tragedy
Credit to Author: Tempo Desk| Date: Mon, 08 Apr 2019 06:28:45 +0000
The Supreme Court has reversed the Court of Appeals and ordered the Manila Regional Trial Court to reinstate the criminal case filed against an official of the then Sulpicio Lines Inc. in connection with the M/V Princess of the Stars tragedy which resulted to the death of 227 passengers in 2008.
Ordered reinstated was the case for reckless imprudence against Edgar S. Go, SLI first vice president and team leader of the firm’s crisis management committee. SLI is now known as Philippine Span Asia Carrier Corp.
The SC ruled that the resolution of the Department of Justice’s panel of prosecutors clearly supports a prima facie finding that reckless imprudence under Article 365 of the Revised Penal Code has been committed.
While the SC decision, written by Associate Justice Jose C. Reyes Jr., was handed down last December, it was made public only late last month.
The SC, in granting the petitions filed by the government and heirs of the victims, said:
“In this case, the criminal action instituted against respondent (Go) involved exclusively the criminal and civil liability of the latter arising from his criminal negligence as responsible officer of SLI.
“It must be emphasized that there is a separate civil action instituted against SLI based on culpa contractual (civil liability resulting from fault or negligence in the performance of a contractual obligation) incurred by it due to its failure to carry safely the passengers of Stars to their place of destination.
“The civil action against a ship owner for breach of contract of carriage does not preclude criminal prosecution against its employees whose negligence resulted in the death of or injuries to passengers.”
Case records showed that in June 2008, the passenger cargo M/V Princess of the Stars owned by SLI failed to make a safe voyage from Manila to Cebu when it capsized in waters off Sibuyan Island in Romblon at the height of typhoon “Frank” (international name “Fengshen”). Of the 849 persons on board, only 32 survived, 227 died, and 592 were reported missing. (Rey Panaligan)