Sulpicio rests case, but asks for injunction vs BMI

MANILA, Philippines – Shipping company Sulpicio Lines Inc. (SLI) rested its case yesterday as it appealed for a temporary injunction against the Board of Marine Inquiry (BMI) and presented four witnesses before the Manila Regional Trial Court (RTC) Branch 24.

Lawyer Arthur Lim, lead counsel of SLI, said they have already presented enough witnesses and documentary evidence to contradict the BMI’s claim that it has jurisdiction over the investigation of the tragedy that struck SLI’s passenger ferry M/V Princess of the Stars which capsized off Sibuyan Island, Romblon last June 21.

Among the witnesses who testified against the BMI were Lim himself, presented as an expert witnesses on maritime laws; former deputy administrator of the Maritime Industry Authority (Marina) lawyer Procopio Vergel de Dios; lawyer Manuel Fortus, officer in charge of the legal affairs division of Marina; and Edgar Go, SLI senior first vice president.

Aside from his testimony, Lim said they are adopting the three witnesses’ testimonies in their appeal for a temporary restraining order (TRO) filed a few days ago.

Office of the Solicitor General (OSG) counsel, lawyer Arnold Martinez, who represented the BMI in stressing the board’s jurisdiction in the sea accident investigation, had manifested his continuing opposition to SLI’s submission of evidence to Presiding Judge Antonio Eugenio Jr.

Martinez maintained that there is nothing specific as to the rule or law that repeals Republic Act 5173 or the Philippine Coast Guard Law.

He said that on Oct. 11, 1976, a provision in the Philippine Merchant Marine Rules and Regulations (PMMRR) was created based on Republic Act 5173, the Philippine Coast Guard Law that gave authority to the PCG to investigate maritime accidents.

However, the witnesses said that on May 3, 2004 by virtue of Republic Act 9295, Marina has been given the authority to investigate exclusively all maritime incidents.

Martinez said that just like in the case of a TRO filed against them before, the BMI had won since the court had denied such petition.

He said in denying the TRO, the ruling extensively declared the merits of the case, stating the BMI’s jurisdiction of the investigation.