Criminal case vs Sulpicio exec reinstated

imprudence with the Manila RTC.

The DOJ panel found that Go was involved in making decisions on whether a vessel should be allowed to sail, such that he should have cancelled or discouraged the voyage considering the severe weather at that time.

Go filed with the DOJ Secretary a petition for review, during which pendency then Department of Transportation and Communication Secretary Leandro Mendoza issued a resolution exculpating SLI from any negligence and holding Captain Florencio M. Marimon solely responsible for the sinking of M/ V Princess of the Stars.

Subsequently, the DOJ Secretary denied the petition of Go, who elevated the case to the Court of Appeals (CA) after his motion for reconsideration was denied.

The CA ruled in Go’s favor holding that “respondent’s act of allowing the officers of the vessel to decide whether to set sail or not did not make him criminally liable as such decision was within the authority of the captain of the vessel, in coordination with the [Philippine Coast Guard] PCG, in view of the weather bulletin.”

The CA also found erroneous the finding of the DOJ panel that Go was criminally liable for not instructing the vessel to seek shelter or drop anchor in the face of the storm, because there was not a shred of evidence from which such power to decide matters pertaining to the vessel’s navigation could be inferred.

The SC, however, ruled that it will not interfere with the executive determination of probable cause for the purpose of filing an information in the absence of grave abuse of discretion.

It noted that the DOJ panel’s resolution clearly supports a prima facie finding that reckless imprudence under Article 365 of the Revised Penal Code has been committed.

The High Court found that the DOJ panel did not only rely on affidavits of complainants but also conducted clarificatory hearings in finding that Go, among others, failed to closely monitor and assess the movement of the vessel as against the movement of Typhoon Frank.

This failure resulted in him not instructing Captain Marimon to take shelter in the vicinity of Batangas despite information from the state weather bureau that the vessel would come face to face with Typhoon Frank if it continued along its regular route.

The SC also held that Go’s acts, though not malicious, were indeed voluntary, and allowing the vessel to sail despite the severe weather condition demonstrated inexcusable lack of precaution on the latter’s part.

The Court also said that the ship owner’s liability based on the contract of carriage is separate and distinct from the criminal liability of those who may be found negligent.

It added that it is beyond dispute that a civil action based on the contractual liability of a common carrier is distinct from an action based on criminal negligence.

In this case, the SC said the criminal action instituted against Go involved exclusively the criminal and civil liability of the latter arising from his

FORTY criminal negligence as a responsible officer of SLI.

The M/V Princess of the Stars, a passenger cargo, capsized on June 21, 2018 off Sibuyan Island in Romblon at the height of Typhoon Frank. It was bound for Cebu from Manila when the tragedy, considered one of the world's biggest maritime disasters, happened.

The incident left 227 of the 849 persons on board dead and 592 missing. Only 32 passengers survived.

The disaster prompted Sulpicio to change its name in 2009 after incurring losses. It is now known as Philippine Span Asia Carrier Corp.