The Supreme Court affirmed the decision of the Court of Appeals clearing an executive of Philippine Span Asia Carrier Corp. (PSAC) formerly known as Sulpicio Lines from criminal liability.
In a resolution penned by Associate Justice Estela Perlas-Bernabe, the CA explained that the liability of Edgar Go, Vice President for Administration of Sulpicio Lines, is not criminal, but civil in nature.
Go has been charged with reckless imprudence resulting in multiple homicide, physical injuries and damage to properties for the 2008 sinking of the MV Princess of the Stars that left hundreds of people dead.
“As correctly ruled by the Court of Appeals, respondent’s 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,” the high court said.
A hearing is already being conducted before the Manila Regional Trial Court Branch 5 where the prosecution has already presented nine witnesses against Go.
Shelter
Petitioners said Go “deliberately failed to exercise due diligence” when he failed to direct the ship captain to drop anchor and seek shelter at the height of Typhoon “Frank.”
During the preliminary investigation at the Department of Justice, Go said the employees report to him on the operations of SLI vessels.
During Typhoon Frank, petitioners said Go knew of the weather advisory as well as the risk but failed to order the captain of the vessel to drop anchor.
But the high court said “the shipowner’s liability for the death of or injuries to passengers resulting from the negligence of the ship captain, with or without concurring negligence on the part of the shipowner, arises from the contract of carriage, hence, civil in nature.”