Justice dept rejects appeal of Princess of the Stars official, captain

The Philippines’ justice department rejected an appeal of a shipping executive whose vessel capsized two years ago, killing more than eight hundred people in what is considered as one of the world’s worst maritime disasters. In a resolution, Justice Secretary Alberto Agra affirmed a June 22, 2009 ruling — rendered by a special panel of prosecutors — that found probable cause to file criminal charges against Edward Go, vice president for administration of Sulpicio Lines Inc., and Florencio Morimon Sr., captain of the ill-fated M/V Princes of the Stars. Go and Morimon, who remains missing, have been charged with reckless imprudence resulting in multiple homicide, physical injuries, and damage to property. The case remains pending at a Manila Regional Trial Court. Sulpicio Lines owned and managed M/V Princess of the Stars which sank off Sibuyan Island in Romblon province last June 21, 2008. Only 32 of the vessel’s 864 passengers survived. Of the 515 recovered bodies, 447 have been identified while 316 have been considered missing, various reports said. The shipping company is liable for not taking precautionary measures that could have prevented the tragedy, Agra said. “The ship could have returned to Manila or docked at the nearest post. It was the lone ship traveling through the sea at that time," he said. In its 48-page resolution issued in June 2009, the special panel of prosecutors also recommended bail in the amount of P320,000 each. The same resolution dismissed charges against Sulpicio president Enrique Go; executive vice-president and chief executive officer Carlos Go; senior vice president and secretary, Victoriano Go; and first vice president Dominador Go. Besides being considered a respondent, Marimon is also liable for losses since no certification of his death has been submitted to said senior state prosecutor Emilia Victorio, who heads the special panel. As the ship’s captain, Marimon demonstrated his negligence by his lack of foresight and precaution in observing the rules of good seamanship when he allowed the ship to leave Manila despite the storm warning. This showed Marimon’s “extreme lack of precaution" when the ship moved directly into the eye of the typhoon. Besides being the only vessel that proceeded on its voyage, it also did not take shelter after the Philippines’ weather bureau issued a bulletin around 11 p.m. of June 20, 2008. The panel also gave weight to the testimonies of survivors Francisco Batula and Gerardo Pelimer. Both claimed that no departure video was shown on board. Nor were both informed of the ship’s safety features, tools, and equipment. Batula and Pelimer also said that they were not informed of safety procedures to be observed. The crew also failed to assist passengers. In the meantime, Go, who is responsible for vessel operations, movement and safety, failed to prevent the ship from leaving the Manila port despite severe weather conditions. - RJAB Jr., GMANews.TV