Supreme Court reinstates raps vs Sulpicio exec over sea mishap

Supreme Court reinstates raps vs Sulpicio exec over sea mishap
Edu Punay - April 9, 2019 - https://www.philstar.com/nation/2019/04/09/1908439/supreme-court-reinsta...

MANILA, Philippines — The Supreme Court (SC) has reinstated the criminal charges filed against an executive of Sulpicio Lines Inc. (SLI) over the sinking of the in 2008 that left 227 passengers dead.

In a 20-page decision released yesterday, the third division of the high court reversed a Court of Appeals (CA) ruling in March 2013 that junked the reckless imprudence charges filed against Edgar Go, SLI first vice president for administration.

The SC affirmed the findings of the Department of Justice (DOJ) that found probable cause to indict Go under Article 365 of the Revised Penal Code.

The high tribunal said there was no grave abuse of discretion on the part of the DOJ, which established that Go failed to monitor and assess the movement of the vessel at the height of Typhoon Frank.

The SC said Go’s decision to allow the vessel to sail despite the typhoon demonstrated “inexcusable lack of precaution.”

“The criminal action instituted against respondent involved exclusively the criminal and civil liability... arising from his criminal negligence as a responsible officer of SLI... There is a separate civil action instituted against SLI... due to its failure to carry safely the passengers... to their place of destination,” the SC ruling penned by Associate Justice Jose Reyes Jr. read.

“The civil action against a shipowner 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,” it added.

The Public Attorney’s Office (PAO), which represented the families of the victims, welcomed the SC ruling.

“The relatives of the victims and survivors... are happy to know that the case... would eventually be successfully prosecuted after waiting for almost 10 years... The Supreme Court has spoken for the victims seeking justice,” PAO chief Persida Rueda-Acosta said.

Acosta said nine witnesses have been presented by the prosecutors when the CA dismissed the charges filed against Go.

The M/V Princess of the Stars capsized on June 21, 2008 off Sibuyan Island in Romblon. Only 32 people survived the tragedy.