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Gov’t backs appeal vs SC ruling on ferry sinking

Edu Punay - The Philippine Star

MANILA, Philippines - The government expressed its support for the relatives of victims of the sinking of M/V Princess of the Stars in appealing a Supreme Court (SC) ruling exonerating a top executive of Sulpicio Lines in their criminal case. 

In its 27-page motion for reconsideration, the Office of the Solicitor General (OSG) justified the finding of probable cause by the Department of Justice (DOJ) in indicting Sulpicio’s first vice president for administration Edgar Go for reckless imprudence resulting in multiple homicide. 

There is no proof the DOJ erred in finding probable cause to indict Go since the findings were based on records and evidence submitted by the parties, as well as those elicited during clarificatory hearings, the OSG said.

The Court of Appeals (CA) erred when it interfered with the discretion of the prosecutors in the determination of probable cause, reversing its findings against Go, the OSG added.

“This honorable court should not sustain the error committed by the CA, close its eyes on the existence of facts and circumstances necessitating probable cause to indict respondent Go,” read the appeal signed by Solicitor General Francis Jardeleza. 

The OSG also cited a technical ground, saying Go failed to implead the government in his petition. 

Through chief public attorney Persida Rueda-Acosta, the victims’ relatives said Go could be held criminally liable for allowing the vessel to sail to the area where it would run into Typhoon Frank, and failing to order the vessel to take shelter or drop anchor. 

The relatives said this  constitutes reckless imprudence under Article 365 of the Revised Penal Code.

 

vuukle comment

COURT OF APPEALS

DEPARTMENT OF JUSTICE

EDGAR GO

OFFICE OF THE SOLICITOR GENERAL

PERSIDA RUEDA-ACOSTA

REVISED PENAL CODE

SOLICITOR GENERAL FRANCIS JARDELEZA

SULPICIO LINES

SUPREME COURT

TYPHOON FRANK

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