Exec, captain charged in court for Princess of the Stars tragedy

MANILA, Philippines - Justice department prosecutors filed yesterday criminal charges against Sulpicio Lines Inc. first vice president Edgar Go and M/V Princess of the Stars captain Florencio Marimon Sr. before the Manila Regional Trial Court.

The charges came a year after the Princess of the Stars sank off Romblon at the height of typhoon “Frank.”

Go and Marimon, along with other unidentified persons, were charged with reckless imprudence resulting in multiple homicide, physical injuries, and damage to property.

Prosecutors recommended bail of P320,000 each for their provisional liberty.

Based on reports of the forensics team of the National Bureau of Investigation in Cebu that conducted DNA testing on corpses retrieved from the ship wreckage, the Philippine Coat Guard (PSG) as well as Sulpicio Lines said that the ship captain was among the fatalities.

Prosecutors said Marimon, in utter lack of precaution, care and foresight, proceeded to navigate along the vessel’s regular route to Cebu, and without due regard for the safety of his passengers and cargo.

“By reason of the inexcusable lack of reasonable care, precaution, foresight, prudence and due reflection on the part of the accused, taking into consideration their employment or occupation, degree of intelligence, as well as the physical condition and other circumstances regarding persons, time and place obtaining at that time,” read the charge sheet.

Prosecutors said the ship captain also did not take shelter or drop anchor, despite having received a Severe Weather Bulletin from Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pagasa) at around 11 p.m. of June 20, 2008.

“The captain of the ship then and there willfully, unlawfully and criminally took M/V Princess of the Stars within the center of typhoon Frank until it ran into the eye of the typhoon in the vicinity of Sibuyan Island in Romblon, where the vessel experienced very rough seas and buffeted by strong winds, causing it to list until it capsized, to the terror, panic and confusion of the passengers who were not properly apprised of the ship’s safety features and safety procedures in case of emergency,” read the charge sheet.

The prosecutors said as a result of the negligence and reckless imprudence of Marimon, hundreds of passengers were trapped inside the accommodation decks as the ship sank and their bodies have not been recovered.

The prosecutors said Go and several John Does, on the other hand, being responsible officers of Sulpicio tasked with ensuring the safe passage of the vessel and the safety of its passengers and cargo, had been informed of the severe weather condition in the areas where the ship would be sailing.

Go and the John Does allowed the vessel to sail out of Manila en route to Cebu, and “in utter lack of reasonable care, precaution and foresight, failed to assess the condition of the vessel relative to the movement of typhoon Frank” while the vessel was underway, and despite receipt of Severe Weather Bulletin No. 9 issued by Pagasa at around 11 p.m. of June 20, 2008.

Prosecutors said Go and unidentified persons, with negligence and reckless imprudence, failed to give instruction to Marimon to take shelter and drop anchor or return to Manila.

“When the vessel was already within the center of typhoon Frank, somewhere in Aklan, Go and the John Does did not give any instruction to take the vessel to safety, allowing Marimon to proceed although in altered course, until the vessel ran into the eye of typhoon Frank and experienced heavy seas and very strong winds, causing the vessel to list until it capsized, resulting in the death of hundreds of people, injuries to several others and damage to properties,” read the charge sheet.

The criminal charges were approved by Senior Assistant Chief State Prosecutor Severino Gana.

Around 800 people died when the Princess of the Stars capsized near Sibuyan Island in Romblon while en route from Manila to Cebu on June 21, 2008.

The charge sheet was signed by Senior State Prosecutor Ma. Emilia Luena-Victorio, State Prosecutor Grace Victoria-Ruiz, Associate Prosecution Attorney Jovyanne Escano-Santamaria, and Associate Prosecution Attorney John Benedict Medina.

The Bureau of Immigration has also placed Go and Marimon on its watch list to prevent them from fleeing the country.