Kin of sunken ferry appeal SC ruling on Sulpicio exec

MANILA, Philippines - Relatives of victims of the sinking of M/V Princess of the Stars in June 2008 yesterday appealed the recent decision of the Supreme Court (SC) effectively exonerating a top executive of Sulpicio Lines in their criminal case.

In a 29-page motion for reconsideration, they questioned why the second division of the high court “casually brushed aside” Article 365 of the Revised Penal Code (RPC) in affirming a Court of Appeals (CA) ruling January that granted the petition of Sulpicio’s first vice president for administration Edgar Go.

The SC ruling has voided Go’s indictment for reckless imprudence resulting in multiple homicide by the Department of Justice (DOJ).

Through chief public attorney Persida Rueda-Acosta, petitioners argued that Go could be criminally held liable for allowing the vessel to sail to the area where it would meet Typhoon Frank eye to eye and failing to order the vessel to take shelter or drop anchor in the face of the brewing typhoon.

His actions were voluntary and resulted in the loss of lives and properties, the kin of the victims said.

They alleged that such actions constitute reckless imprudence under Article 365 of the RPC.

“There was no specific instruction from Go, who is the head of the crisis management committee, to the master of Stars to take shelter at the nearest port, which is the Batangas port. This is clearly gross negligence on the part of respondent Go, tantamount to absence of care resulting in massive loss of lives and properties,” petitioners stressed.

Petitioners reiterated that, contrary to the findings of the CA, there was no grave abuse of discretion on the part of the DOJ in finding probable cause to criminally indict Go.

They also argued that the petition of Go should have not been granted by the CA because it was moot and academic, citing the ongoing trial on the criminal case before the Manila Court where nine witnesses have been presented.

With these arguments, they asked the SC to reinstate the resolution of the DOJ indicting Go for reckless imprudence resulting in multiple homicide, serious physical injuries and damage to properties.

They also wanted the case elevated from its second division to the full court for resolution.

In its assailed ruling, the SC dismissed outright the petition filed last March by families of casualties and survivors in the ferry incident questioning the CA ruling.

The SC held that petitioners “failed to show that the CA committed any reversible error in finding that there was no probable cause to indict Edgar Go for reckless imprudence and order the dismissal of the criminal case.”

It further stressed that the CA was correct in its ruling that “respondents’ act of allowing the officers of the vessel to decide whether to set sail or not and, thereafter, failing to instruct them to seek shelter or drop anchor in the face of the storm, did not render him criminally liable.”