Criminal raps filed vs Sulpicio Lines execs, ‘Princess’ captain

MANILA, Philippines – The Public Attorney’s Office (PAO) has filed criminal complaints against the officers of Sulpicio Lines Inc. and the missing captain of the MV Princess of the Stars in connection with the passenger vessel’s sinking last June 21.

Complainants in the suit, which was lodged before the Department of Justice (DOJ), were 13 families whose relatives were among those who perished in the incident.

MV Princess of the Stars was carrying more than 800 passengers and crewmembers when it sank off Sibuyan Island in Romblon province last June 21 during the height of typhoon “Frank.”

Named respondents in the suit were ship captain Florencio Marimon, Sulpicio Lines president Enrique Go; executive vice-president and chief executive officer Carlos Go; senior vice president and secretary Victoriano Go; and first vice presidents Dominador and Edgar Go.

PAO chief Persida Rueda-Acosta said the respondents were charged with negligence and reckless imprudence resulting in multiple homicide and serious physical injury.

In a 14-page complaint, Acosta said respondents should be held criminally liable for allowing the ship to set sail despite a declaration by the Philippine Atmospheric Geophysical and Astronomical Service Administration (Pagasa) that Storm Signal Nos. 2 and 3 were raised in the areas where the ship will navigate.

“Indeed, the negligence of the aforesaid respondent officials of Sulpicio has been shown by their absence of care and foresight to avoid damages, deaths and injuries to the passengers, respectively of said vessel,” Acosta said.

“Further the absence of skill on the part of respondent Captain Florencio Marimon was clearly demonstrated when he caused the M/V Princess of the Stars to navigate despite declaration of signal nos. 2 and 3 in the areas that it would be passing through, instead of seeking shelter,” she added.

The complainants said it would have been more prudent for the respondents to anchor the ship at the sheltered Calapan Bay and to have checked with Pagasa regarding the movement of typhoon “Frank” from time to time.

Acosta said MV Princess of the Stars, as attested by electronic surveillance monitoring equipment, was the only vessel at sea and did not take shelter when typhoon Frank struck on June 21.

PAO stated that the negligence of the respondents were further manifested when they allowed their ship to be loaded with some 40 metric tons of endosulfan and other toxic substances.

As part of their evidence, complainants attached copies of the Senate committee reports involving two other passenger vessels of Sulpicio Lines that met the same fate – the Doña Paz and MV Princess of the Orient – as proofs the shipping firm’s “habitual deliberate violations to exercise diligence in preventing sea disasters.” - GMANews.TV

Investigator blames captain for Philippine ferry tragedy

The captain of a Philippines ship that sank in a typhoon killing nearly 800 people dead was to blame for the disaster, an investigator said Wednesday.

The captain took the ship to sea despite a typhoon warning, preliminary results of an official investigation into the sinking of the Princess of the Stars ferry found.

“Human error is the principal mistake on the part of this tragedy,” said Captain Demetrio Ferrer, vice-chairman of the Board of Marine Inquiry.

The ship’s captain, who is believed to be among the dead, should have realised it was not safe to go out, he added.

The ferry capsized after sailing into the eye of Typhoon Fengshen on June 21. Only 58 of the 850 passengers and crew survived the tragedy.

Sulpicio Lines, the owner of the ferry, had earlier blamed the government weather station for forecasting that the storm would move in another direction.

Ferrer said the captain had instruments aboard the vessel that would have detected an approaching storm.

He recommended tighter safety measures and said the board would study documentary evidence before coming up with their final conclusion.

P9.8-M suit starts wave of civil cases vs Sulpicio

MANILA, Philippines – A P9.8-million civil suit was lodged Thursday against Sulpicio Lines Inc. for the MV Princess of the Stars tragedy, even as government lawyers said more suits are to come.

Radio dzRH reported Thursday afternoon that relatives of Jonathan Calayag lodged the case before the Manila regional trial court with the help of the Public Attorney’s Office.

“Tuloy-tuloy na yan, marami pa rin naghahanda ng papeles para makapagsampa ng kasong civil (This is just the first of many cases. Many families are preparing documents for civil suits against Sulpicio),” PAO head Persida Acosta said.

Acosta said between “200 to 300″ families had sought her assistance to lodge civil suits, some of the relatives of overseas Filipino workers.

She said she keeps in touch with the OFW relatives via the Internet.

“Bukas may apat na pamilya magsasampa (At least four more families will lodge their civil complaints on Friday),” Acosta said.

Calayag’s relatives scored Sulpicio for negligence, saying the ill-fated vessel left port despite Signal 3 up over Romblon province.

The complaint added that the MV Princess of the Stars was the only vessel that did not seek shelter from typhoon “Frank.”

On the other hand, Acosta said that even if Calayag’s kin received P200,000 from Sulpicio, it should not stop them from filing the civil complaint.

After the filing, relatives of the victims and members of anti-crime groups went to the Baywalk along Roxas Boulevard for a mass. - GMANews.TV

BMI closes ‘Princess’ tragedy probe; findings out next week

MANILA, Philippines – The Board of Marine Inquiry (BMI) on Thursday closed its investigation into the capsizing of MV Princess of the Stars off Sibuyan Island last June 21.

At the end of Thursday’s hearing, BMI chair Rear Admiral Ramon Liwag said the Board is terminating its investigation into the incident, saying the group has gathered enough information to generate its report on the incident.

“We have gathered enough testimonies, documents, resource persons that would help us shed light in the capsizing of Princess of the Stars,” Liwag said.

Liwag said the BMI will submit its report to the Philippine Coast Guard commandant next week. The Coast Guard commandant will then forward the BMI’s report to the Department of Transportation and Communications.

The BMI started its investigation last June 25, four days after the tragedy struck. The probe focused on three main points: whether the craft was seaworthy when it left port; the qualifications of its crew; and the weather conditions at the time the ship left port.

The investigation aims to determine the circumstances that led to the tragedy; who should be held responsible; and what policies must be changed to prevent a repeat of the mishap.

During Thursday’s hearing, a maritime expert said the master of the MV Princess of the Stars may have erred in deciding to push through the vessel’s pre-plotted course which led to the ship’s capsizing at the height of typhoon “Frank.”

Maritime expert Capt. Edwin Itagle admitted that if faced with the same situation, he personally would decide not to push through with the trip and just return back to Manila.

“In principle, no… I might return back to Manila,” Itagle said when asked by BMI chair Rear Admiral Ramon Liwag whether or not he would continue with the pre-plotted course which runs parallel to the typhoon.

Itagle also said the ill-fated vessel’s design is not capable of withstanding a strong typhoon such as typhoon “Frank.”

For his part, a Coast Guard official who likewise testified in the hearing said authorities failed to see any dents or marks of damages such as scratches on the ship’s hull and propeller that would have indicated that the ship ran aground before capsizing.

“We have not seen any dent or damage from the ship as a result of running aground. The ship’s propeller is still intact,” Coast Guard commander Inocencio Rosario said.

Rosario was the team leader of the first team of divers that surveyed the ship shortly after it capsized.

Hundreds of passengers were killed when the ship – owned by Sulpicio Lines, Inc. – capsized off Sibuyan Island.

Only more than 50 passengers and crewmembers – out of the ship’s 866 passengers and crew – were able to survive the sea tragedy. Hundreds remain missing and are believed to be trapped inside the ferry which has yet to be salvaged. - GMANews.TV

‘Princess’ should have returned to Manila, maritime expert says

MANILA, Philippines – A maritime expert on Thursday said the master of the MV Princess of the Stars may have erred in deciding to push through the vessel’s pre-plotted course which led to the ship’s capsizing off Sibuyan Island at the height of typhoon “Frank” last June 21.

During the resumption of the Board of Marine Inquiry (BMI) hearing into the sea tragedy, maritime expert Capt. Edwin Itagle admitted that if faced with the same situation, he personally would decide not to push through with the trip and just return back to Manila.

“In principle, no… I might return back to Manila,” Itagle said when asked by BMI chair Rear Admiral Ramon Liwag whether or not he would continue with the pre-plotted course which runs parallel to the typhoon.

Itagle also said the ill-fated vessel’s design is not capable of withstanding a strong typhoon such as typhoon “Frank.” - GMANews.TV

EU to send mission after Philippines ferry disaster

The European Union is to send a mission of experts to investigate toxic chemicals on board a Philippine ferry which sank carrying more than 850 people, French officials said Friday.

Interior Minister Michele Alliot-Marie decided after discussions with the foreign and European affairs ministries that an EU “mission of expertise and support” should be sent immediately, a statement said. France currently holds the presidency of the European Union.

The Princess of the Stars remains stricken off the central Philippines after sinking in a typhoon on June 21. The upturned wreckage is thought to contain hundreds of dead bodies along with an illegal consignment of toxic pesticides.

While tests showed waters have not been contaminated with the endosulfan pesticide, there was concern containers could corrode allowing the chemical to leach and contaminate the area.

Officials in the Philippines said this week that the ferry would be refloated, ditching a bid to use divers to retrieve the bodies and chemicals.

“The potential danger to marine life is a major factor in the decision” to refloat the vessel, a coast guard biologist, who asked not to be named, told AFP.

The EU mission would include experts on sea pollution and chemical risks, the French statement said.

BMI findings in major marine mishaps

GMA News Research compiled a list of 49 major sea mishaps from 1980 up to the recent M/V Princess of the Stars incident. The list is mostly sourced from Board of Marine Inquiry data (1980-2006) and news reports (2007-2008).

News Research has brief details on the BMI findings in 20 mishaps, from the Doña Paz tragedy in 1987 up to the M/T Solar I incident in 2006

Out of these 20 sea mishaps,

• Thirteen involved negligence on the part of the owner, operator, officers and/or crew of the ill-fated vessels.
• Two involved explosives (M/V Super Ferry 14 in 2004 and M/V Doña Ramona in 2005)
• One occurred due to several factors, including the “master’s incompetence” (M/T Solar I sinking in 2006, which caused the Guimaras Oil Spill).
• One was due to “force majeure” or forces beyond the vessel’s control (the sinking of M/V Doña Marilyn in 1988 which killed 77 people)
• BMI also found certain vessels solely at fault in two separate collision incidents. (M/T Vector in the M/V Doña Paz vs. M/T Vector collision in 1987; M/V Kota Suria in the M/V Cebu City vs. M/V Kota Suria collision in 1994)
• In the M/V Super Ferry 12 vs. M/V San Nicolas collision in 2003, BMI recommended the revocation of the licenses of the master and chief mate of M/V San Nicolas, as well as the filing of appropriate criminal and civil charges against them.

Sources: Board of Marine Inquiry, GMA News

Arroyo gives 15-day deadline for ‘Princess’ tragedy probe

MANILA, Philippines – President Gloria Macapagal Arroyo on Tuesday gave the Philippine Coast Guard (PCG) 15 days to complete its investigation report on the capsizing of MV Princess of the Stars off Romblon at the height of typhoon “Frank.”

Radio dzBB’s Nimfa Ravelo reported that President Arroyo issued the deadline in a speech she delivered during the 41st founding anniversary of Davao del Sur province.

In her speech, President Arroyo said she wants a “full accounting” by the Coast Guard of the circumstances that led to the capsizing of the passenger vessel off Sibuyan Island in Romblon.

President Arroyo had earlier tasked the Coast Guard to find out who should be held responsible for allowing the ill-fated ship to leave port.

Earlier in the day, Vice President Noli de Castro said authorities are now looking into reports that the captain of the capsized MV Princess of the Stars is alive and is presently in hiding to possibly avoid scrutiny into the sea mishap.

In a radio interview, De Castro cited information indicating ship owner Sulpicio Lines Inc. is keeping captain Florencio Marimon Sr and at least one of the survivors in a safe house.

Based on the tally of the Philippine Coast Guard (PCG) and National Disaster and Coordinating Council (NDCC), 56 persons have survived the tragedy, 250 bodies have been recovered and more than 500 persons remain missing.

A total of 726 passengers, 111 ship crew and 29 non-crew were on board the MV Princess of the Stars when it capsized off the waters of Romblon province due to big waves generated by typhoon Frank on June 22.

At least 99 bodies retrieved from the capsized MV Princess of the Stars arrived in Cebu province Tuesday morning to undergo processing by the National Bureau of Investigation (NBI) and other forensic experts.

In its advisory as of 8 a.m. Tuesday, Sulpicio Lines – owner of the ill-fated passenger vessel, said the bodies arrived aboard its ship MV Cagayan Princess. - GMANews.TV

US clears 100,000 dollar aid for Philippine ferry victims

The US government on Monday sent 100,000 dollars in emergency aid for families of the victims of a Philippine ferry tragedy, a top official said.

The donation, the maximum amount that can be sent to the US Embassy in Manila without prior authorization from Congress, was forwarded to the Philippine Red Cross, said State Department spokesman Tom Casey.

A US Navy ship was expected to arrive Tuesday in the Philippines to help search for victims where the ferry sank in a typhoon on Saturday near Sibuyan, about 150 kilometres (93 miles) south of Manila.

On a visit to the United States, Philippine President Gloria Arroyo thanked the United States for its help.

“We’re deeply grateful for the response by the US government, including the US Navy,” she told reporters in a Washington hotel after meeting with Deputy Secretary of State John Negroponte.

Philippine rescue teams were battling furious seas and high winds Monday in a desperate hunt for more survivors of the 24,000-tonne Princess of the Stars that sank with 862 people aboard.

So far, 36 people from the ferry have turned up alive, raising hopes that more will be found on the many tiny islands nearby.

Sulpicio, missing ship captain blamed for sea tragedy

MANILA, Philippines – The missing captain of the MV Princess of the Stars has much to account for in the capsizing of the vessel in the wake of typhoon “Frank” last weekend, officials of the Philippine Coast Guard and Maritime Industry Authority (Marina) claimed Wednesday.

Coast Guard commandant Vice Admiral Wilfredo Tamayo said ship Captain Florencio Marimon Sr had much leeway to act when he set sail from Manila to Cebu on the night of June 20.

“It’s a captain’s call most of the time,” Tamayo said in an interview on dwIZ radio, hours before a Board of Marine Inquiry was to start its investigation into the incident.

Marimon remains missing since the ship encountered the tragedy off Sibuyan Island in Romblon last Saturday.

But Tamayo said he has also ordered an investigation into the Coast Guard personnel who may have been “involved” in allowing the ill-fated ship to set sail.

Still, he said the captain and the shipowner both have “responsibilities.”

Tamayo said that when the ship left Manila Friday night, Manila was still under Storm Signal 1, which allowed large vessels like the MV Princess of the Stars to travel.

Sulpicio Lines owns the ill-fated vessel.

On the other hand, Marina enforcement unit officer-in-charge Arnie Santiago said in a separate interview that the captain should have plotted his trip, taking into consideration the path of “Frank” as plotted by the Philippine Atmospheric Geophysical and Astronomical Services Administration (Pagasa).

The plotting would have allowed the captain to find “shelter” when the ship runs into the path of the storm, he said.

Santiago said Pagasa usually faxes copies of its weather advisories to the proper agencies, including the Coast Guard.

He added it is the job of the ship owner’s radio officer to gather the information and relay it to the ship via marine radio.

“May radio room ang kumpanya. Dapat ang radio officer nag-send ng message sa barko (The ship company has a radio room. It is the radio officer’s job to relay such messages to the captain),” he said. - GMANews.TV