SC to review Sulpicio exec’s acquittal over sunken ferry

Buena Bernal

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While over 100 cases are pending before a Manila court and a Cebu trial court over Sulpicio's civil liability, petitioners say the criminal case against Edgar Go must be revived
EVIDENCE. Lawyers from the Public Attorney's Office show forensic evidence including a skeleton of a Jacqueline Padua retrieved in Sibuyan Island inside the ill-fated MV Princess of the Star during a press conference in Manila, August 11, 2014. Photo by Jose Del/Rappler

MANILA, Philippines – The Supreme Court (SC) is reviewing a petition aimed at imposing criminal liability on an executive of a transport and cargo company that owned the ill-fated M/V Princess of the Stars.

The vessel sank in 2008, with over 700 persons on board the ship dead or missing.

In an August 18 resolution made public Wednesday, October 8, the SC’s Second Division granted the motion of the victims’ surviving kin to reconsider the acquittal of Sulpicio vice president for administration Edgar Go.

Go was charged with reckless imprudence before a Manila regional trial court over the tragedy but was ordered acquitted by the CA.

On July 2, the SC upheld the CA ruling clearing Go of criminal liability. (READ: SC affirms acquittal of Sulpicio exec over sunken ferry)

Surviving victims claim the Sulpicio vessel sank as a result of negligence on the part of the executive.

The M/V Princess of the Stars tipped off the coast of Romblon province on June 21, 2008, as it met head on a powerful storm.

In seeking reconsideration of the SC July 2 ruling, petitioners slammed Sulpicio for its alleged notoriety in ferry mishaps. (READ: Victims’ kin appeals SC dismissal of case vs Sulpicio exec)

Department of Justice (DOJ) Public Attorney’s Office (PAO) chief Persida Rueda-Acosta, representing the petitioners, previously said Sulpicio operates to this day. It is registered with the Securities and Exchange Commission as Philippine Span Asia.

While over 100 cases are pending before a Manila court and a Cebu trial court over Sulpicio’s civil liability, petitioners said the criminal case against Go must be revived.

“A reasonably prudent employer” should have immediately ordered the captain of the ship “to drop anchor and/or seek shelter in a safe location,” the now-granted motion read.

The CA ruling which acquitted Go was issued while a Manila court trial was ongoing, an act which Acosta found “inordinate.”

Not submitted to en banc

The SC 2nd division, however, denied the request for the petition to overturn the CA ruling to be submitted to the SC en banc for review.

Citing national interest, petitioners previously said an “in-depth and comprehensive ruling” by the en banc is needed.

Justices of the 2nd division, however, said the Court en banc “is not an appellate court to which the decisions/resolutions of a Division may be appealed.”

The division likewise granted the withdrawal of lawyer Arthur D. Lim as Go’s counsel, given his appointment to the Commission on Elections last July 25.

Lim was one of 57 private prosecutors in the impeachment trial against ousted Chief Justice Renato Corona and is a former president of the Integrated Bar of the Philippines. – Rappler.com

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