Sulpicio told: Pay P241M to kin of ferry tragedy victims

MANILA, Philippines – More than 7 years since the sinking of the M/V Princess of the Stars that left over 200 dead and hundreds more missing, a Manila court has ordered Sulpicio Lines to pay P241 million in damages to the survivors and relatives of the victims of the ill-fated vessel.

In a decision dated September 18, Manila Regional Trial Court Branch 49 Judge Daniel Villanueva ruled in favor of the plaintiffs, who filed 71 complaints for damages against the company, which is now operating as Philippine Span Asia Carrier Corporation.

The Public Attorney’s Office received a copy of the decision on Wednesday, October 14.

In its ruling, the court ordered Sulpicio Lines, owned by the Go family, to pay P230.25 million in damages and P11.5 million in attorneys’ fees.

According to the complainants, officials of Sulpicio Lines “failed to exercise extraordinary diligence” when the crew of the M/V Princess of the Stars failed to safely transport its 724 passengers to Cebu. (READ: Headed for disaster: The last voyage of M/V Princess of the Stars)

In June 2008, the passenger-cargo liner vessel capsized in waters off Sibuyan Island in Romblon province at the height of Typhoon Frank. More than 200 people died in the tragedy.  (READ: History of ferry disasters in PH)

In its ruling, the Manila court said the plaintiffs were able to prove that officials of Sulpicio Lines were guilty of negligence, junking the defendants’ claim that the tragedy was due to a fortuitous event.

Citing documentary evidence and testimonies of survivors and maritime officials, the court said Sulpicio failed to implement its own safety management system.

Survivors testified that no one from the crew assisted them while passengers panicked on the sinking ferry.

An expert from the maritime industry and an official from the Philippine Coast Guard testified that the vessel was not seaworthy, since it lacked ropes, conical locks, and lashing gears.

The stability of the ferry was also compromised because Ballast Tanks 1, 2 and 4 were empty.

The court also noted the “deliberate act” of allowing the vessel to continue on its regular route despite storm warning signals already hoisted over its route.

Because of the typhoon, the vessel’s captain, Captain Florencio Marimon, presented an alternate route. The court, however, said that this turned out to not have been followed later.

The “prudent thing” to do at the time, the court said, was to allow the vessel to take shelter at the nearest port.

“They never presented evidence to show proof that they observed the required extraordinary diligence of a good father of a family in the transport of passengers,” the court said.

Earlier this year, the Maritime Industry Authority (Marina) cancelled Sulpicio Line’s permit to transport people. It is now limited to cargo operations. – Katerina Francisco/Rappler.com