Ombudsman to probe gov't liability in Princess of the Stars tragedy

MANILA, Philippines – The Office of the Ombudsman started its investigation on the possible criminal liability of officials of the Philippine Coast Guard (PCG) and other agencies involved in the M/V Princess of the Stars tragedy.

The Department of Justice (DOJ) also formed a panel of prosecutors that would look into the criminal liability of those involved in the sea accident.

Justice Secretary Raul Gonzalez said the panel would look into the possible criminal prosecution of the owners of the ill-fated vessel.

Assistant Ombudsman Mark Jalandoni, on the other hand, said they took the initiative to start the investigation even without a formal complaint filed against the officials and agencies that played key roles in the tragedy surrounding the sinking of Princess of the Stars last June.

Jalandoni, chief of the Ombudsman’s Field Investigation Office, said the first stage of investigation will involve the creation of a fact-finding committee that will also take notice of the results of the probe made by the Board of Marine Inquiry (BMI) on the sea tragedy.

The BMI on Tuesday blamed Captain Florencio Marimon, the master of the ill-fated ferry, and owners Sulpicio Lines Inc. for the sea tragedy.

Marimon was one of over 600 people on board still missing after the ferry sank at the height of a typhoon off Sibuyan Island in Romblon on June 21.

“We are investigating their liability on grounds of gross negligence. We will base our investigation not only on findings of the BMI but we will also most likely hold hearings and get testimonies of PCG officers and officials involved,” Jalandoni said.

Jalandoni said the probe would not be confined to the findings made by the BMI since these were focused on liability of private parties.

Jalandoni said the Ombudsman would determine the liability of government officials in the sea tragedy.

Gonzalez, however, said the DOJ panel would focus on the criminal liability of private parties involved in the accident, particularly the officials of Sulpicio Lines.

Gonzalez added if Marimon is still alive, he will definitely be made to answer for the incident.

Executive Secretary Eduardo Ermita said Malacañang would await the recommendation of BMI before taking any action to determine the fate of Sulpicio Lines.

Deputy presidential spokesman Anthony Golez added BMI’s recommendations would certainly reach the President, who will decide on the fate of the ferry’s owners.

“We have heard that they (BMI) have wrapped up their work on this and it is due for submission to the OP (Office of the President),” Golez said. “Any executive decision must have a course of action that would improve the seaworthiness of any vessel, making sure that safety systems are in place and lives are protected.”

President Arroyo previously stated the government would hold Sulpicio accountable for the tragedy.

The government has already discussed the possibility of taking over the operations of Sulpicio, which handles 40 percent of cargo shipments in the country.

Jalandoni, meanwhile, said the Ombudsman would also check if the officials at the port of origin in Manila might have violated the rules in allowing the toxic cargo endosulfan to board the ferry. He refused to identify the officials that would be summoned to face the prosecution panel.

Assistant Ombudsman Jose de Jesus explained they could only name the respondents once they decide to file formal charges against them.

Jalandoni will lead the fact-finding probe. If there is evidence to warrant a further investigation, Jalandoni would recommend a preliminary investigation that will appreciate the evidence and recommend the filing of criminal charges before the Sandiganbayan.

The BMI reportedly did not include the issue of endosulfan cargo due to “lack of time” since the panel was given a deadline to submit its recommendations on the tragedy.

In its report issued the other day, the BMI recommended the suspension of franchise of Sulpicio Lines after investigations revealed that human error caused the sinking of the ship. – With Marvin Sy, Rainier Allan Ronda, Evelyn Macairan