CA junks case against Sulpicio officer

MANILA, Philippines – The Court of Appeals ruled that an administrative officer of the Sulpicio Lines Inc. could not be held criminally liable for the 2008 sinking of the MV Princess of the Stars, where 227 people died.

The CA, in a decision dated March 22, 2013 but was only released on Monday, April 1, said the Department of Justice committed grave abuse of discretion in charging SLI vice president for administration Edgar Go with reckless imprudence.

The DOJ ruled in 2009 that Go should be held liable for the tragedy because he was part of the decision-making process in allowing the vessel to sail.

Go – who also headed the crisis management committee of SLI – said he left it up to the captains of MV Princess of the Stars though if they would depart amid a weather bulletin indicating an incoming strong typhoon. The captains of the MV Princess of the Stars were Florencio Marimon – who also reportedly died when the ship capsized – and Benjamin Eugenio. 

The DOJ said this only showed Go’s “failure to exercise extraordinary care and precaution in light of the brewing storm along the vessel’s route.” MV Princess of the Stars sailed off Romblon. 

The 15th division of the CA said however that the decision to sail was within the authority of the captain, and not of Go’s. The appellate court added that there is “no legal or factual basis for his indictment.”

The CA said that Go could also not be held liable for not ordering the ship to seek shelter during the storm, stressing that there is “no shred of evidence” that he has jurisdiction over such matters.

The CA said Go’s duty is mainly supervisory, as he oversees personnel who does liasion work with the government. 

“The DOJ panel did not city any law or regulation that grants an administrative officer of a company operating a vessel, such as petitioner, the power to direct the vessel at sea and requires him to so act in times of emergency,” the CA said in the decision penned by Justice Melchor Sadang.

The CA also ordered the dismissal of a criminal case filed against Go at the Manila regional trial court.- Rappler.com