DOJ asked to compel NBI to release DNA test results of 'Princess' victims

Relatives of the victims of the MV Princess of the Stars, which capsized off Romblon in June last year, have asked the Department of Justice (DOJ) to compel government agents to release the identities of some of those who perished in the sea tragedy.

In their nine-page petition, the complainants asked Justice Secretary Raul Gonzalez to subpoena the National Bureau of Investigation (NBI) so that the results of the DNA tests could be released.

A panel of prosecutors led by Senior State Prosecutor Ma. Emilia Victorio had earlier denied a motion to compel the NBI to release the DNA test results.

The complainants were accompanied by Public Attorney’s Office chief Persida Acosta when they filed the petition at the DOJ office in Manila Thursday.

“Why a piecemeal decision? How about the other relatives of those who perished in the tragedy? Other relatives cannot come to Manila since they live in far-flung provinces in the Visayas and Mindanao. This is a crime that has been committed nationwide,” Acosta said.

Acosta said the panel erred when it limited the extent of the subpoena that they requested from the NBI to only 34 victims. The panel said only 34 relatives are entitled for the results since they were the ones who have formally filed a complaint with the DOJ.

Being sought to be subpoenaed were NBI Director Nestor Mantaring, NBI medico-legal officer Dr. Antonio M. Bautista, and other pertinent documents relating to the identification of the victims.

“The documents sought to be produced are evidence material to the case. If not corrected, this will work injustice to all the victims who remain missing or unidentified,” Acosta said.

MV Princess of the Stars, owned by Sulpicio Lines Inc., had more than 800 crewmembers and passengers when it capsized off Sibuyan island in Romblon on June 21, 2008 at the height of typhoon “Frank.”

Acosta said that after determining the actual number of the dead victims, the prosecution and the court will be guided in prosecuting and imposing the appropriate penalty. She likewise asked that the cadavers be preserved for evidentiary purposes.

Named respondents in the case were Sulpicio president Enrique Go; executive vice-president and chief executive officer Carlos Go; senior vice president and secretary, Victoriano Go; first vice presidents Dominador and Edgar Go. Ship captain Florencio Marimon was likewise impleaded in the suit but his name was later dropped following reports that he also perished in the tragedy.

 

by GMANews.TV

Two cases filed against Sulpicio Lines

CEBU - Civil cases for damages continue to pour in against the Sulpicio Lines Incorporated five months after the MV Princess of the Stars capsized at the height of Typhoon Frank in the seawaters off Sibuyan Island.

A wife of a seaman filed the 35th damage suit against the shipping firm and its corporate officials, demanding more than P17 million in actual and compensatory damages before the Regional Trial Court in Cebu City.

Baby Lyn Bejona of barangay Poblacion Dalaguete, Cebu accused the shipping company of being negligent that resulted in the untimely demise of her husband.

Bejona said her husband Pablito was on his way home to Cebu after a medical examination in Manila when the incident happened. Pablito was scheduled to leave for overseas employment.

Though she admitted having received P200,000 and was made to sign a quit claim, Bejona said it was for the insurance benefits of her husband from the Oriental Assurance Corporation.

According to Bejona, the document she signed has no force and effect because it was contrary to morals and public policy.

“Defendants are liable for negligence and breach of contract of carriage when it failed to exercise extraordinary diligence in transporting its passengers to their destination in Cebu,” Bejona said in her petition for damages.

Bejona said her husband was only 39 years old at the time of his death and was earning $1,090.62 monthly or P52,349.76 as overseas seaman.

She said that the shipping company’s negligence has deprived her family P17.2 million, which is the total earnings of her husband that she is demanding to be paid as actual damages.

On top of it, Bejona is likewise demanding P800,000 in moral and exemplary damages, excluding the 20 percent of the total damages to be awarded by the court as attorney’s fee.

A wife of an oiler also filed a multi-million peso damage suit against Sulpicio Lines Incorporated yesterday.

Perlita Sanguenza of Tontonan, Loon Bohol filed a P5.221 million damage suit against the shipping company and the ship captain for the loss of her husband Lucrecio, who is contracted to work as an “oiler” of an international shipping company.

Named defendants were Sulpicio Lines Inc, Ship Captain Florenacio Marimon and its shipping officials SLI President Enrique Go and Executive Vice President and Chief Executive Officer Carlos Go.

Victims' kin lament as Sulpicio breaks word on ‘Princess’ salvage job

MANILA, Philippines - Kin of victims who perished in the MV Princess of the Stars tragedy face a bleak Christmas as there are no takers have yet to surface for the last part of the salvage job on the ill-fated vessel.

Radio dzBB's Carlo Mateo reported that Coast Guard commandant Vice Admiral Wilfredo Tamayo admitted Sulpicio Lines Inc. has yet to contract a salvage firm for the last salvage stage.

Tamayo said he has communicated with Sulpicio and reminded it of its promise to get the shipwreck off Romblon before Christmas.

Kin of the victims twitted the ship's owner Sulpicio Lines Inc. for breaking its promise to retrieve their loved ones' remains and get the shipwreck out of the Romblon area before Christmas.

Levi Samuel, a spokesman for the relatives, reminded Sulpicio of its promise earlier this year to retrieve the remains of their loved ones and to remove the shipwreck before Christmas.

The MV Princess of the Stars capsized off Romblon after encountering stormy weather at the height of typhoon Frank last June.

Samuel lamented that Sulpicio chose the last part of the salvage operations to "falter" on its promise.

Earlier, kin of the victims scored the sudden silence of Sulpicio on efforts to retrieve the remains of their loved ones.

Samuel reminded Sulpicio and government authorities of their promise to retrieve the remains of all 500-plus victims from the wreck.

He said some of them had already accepted the possibility the retrieval of remains will not be completed in time for Christmas.

3 PCG officials face jail term for 'MV Princess of the Stars' tragedy

MANILA, Philippines - Three ranking Coast Guard officials face dismissal from the service and a six-year jail term as the Ombudsman endorsed a complaint against them over the MV Princess of the Stars tragedy.

The Office of the Ombudsman said it’s Field Investigation Office (OMB-FIO) endorsed for preliminary investigation the complaint filed against the three.

It identified the respondents as Luis Tuazon, Commander for Metro Manila and Central Luzon; Erwin Balagas, commander for Manila and Felix Rizalde Sardan, Petty Officer I, of the Coast guard Manila station.

"(The three) have acted at the very least gross inexcusable negligence when they failed to perform faithfully the duties they are required to do during the occurrence of typhoon Frank. Their acts caused undue injury to the people of Romblon whose lives and livelihood were gravely affected, to the marine environment whose fragile ecosystem was gravely endangered, to the bereaved families who lost their love ones when MV Princess of the Stars sank off Sibuyan Island in Romblon, and above all to public safety and national interest," assistant Ombudsman Mark Jalandoni, chief of the Ombudsman Field Investigation Office said in an article on the Ombudsman website.

The respondents face dismissal from the service and imprisonment for six years if found guilty of the administrative and criminal charges, the Ombudsman said.

The officials were charged with violating the anti-graft law, gross neglect of duty, grave misconduct and conduct prejudicial to the best interest of the service.

In its report, the OMBFIO said the three did not faithfully perform their duties and responsibilities in the enforcement of maritime safety laws.

It cited PCG Memorandum Circular No. 04-07, which bars vessels from sailing except to take shelter if Public Storm Warning 3 is hoisted within its point of origin, route and point of destination.

Under the circular, the three commanders were responsible for monitoring the prevailing weather conditions and plotting in the weather to chart the forecast position of the typhoon.

The OMBFIO report added that the respondents allowed the vessel to sail for Cebu on 20 June 2008, despite warning signals issued by the Philippine Atmospheric Geophysical and Astronomical Services Administration.

Also, it said they failed to monitor the movement of typhoon Frank and plot the danger sector from the path of the typhoon, which would have made them realize that the MV Princess of the Stars was not moving away but moving toward a collision course with the eye of the typhoon.

 

- GMANews.TV

Coast Guard to fully cooperate in Ombudsman probe into ‘MV Princess of the Stars’ tragedy

MANILA, Philippines - The Coast Guard on Thursday said it will fully cooperate in the Ombudsman's investigation into the MV Princess of the Stars tragedy.

Radio dzBB's Carlo Mateo reported that Coast Guard commandant Vice Admiral Wilfredo Tamayo said he has ordered the agency's legal department to prepare documents needed in the investigation.

Tamayo also said he has ordered the officials concerned to prepare themselves for investigation, though he said he has yet to receive a formal summons from the Ombudsman's field investigating office.

The MV Princess of the Stars capsized off Romblon last June 21 at the height of Typhoon Frank.

 

- GMANews.TV

Divers in ‘Princess’ retrieval ops to undergo debriefing

MANILA, Philippines - The 17 divers of salvor firm Harbor Star are set to undergo psycho-debriefing tests Wednesday to ensure that they are free from mental stress for their involvement in search and retrieval operations inside the capsized MV Princess of the Stars in Romblon.

Doctors from the Department of Health (DOH) will conduct the psycho-debriefing procedures at the Harbor Star office in Makati City.

“The purpose of the psycho-debriefing is to assess the health condition of the divers and to make sure that they are not suffering from mental stress,” said Rodrigo Bella, Harbor Star project manager.

Bella said phase two of the operations, which was the removal of the bodies from the ill-fated ship, was “a very unusual experience” for the drivers. The said phase lasted for 16 days wherein 199 bodies were retrieved from the ship.

"They (divers) went through all the possible areas with passengers including the navigational deck, chapel and mini-theater for possible human remains. That is why there is a need for them to undergo a debriefing process," Bella said.

Aside from psycho-debriefing tests, the divers will also be provided two-day vacations courtesy of the company. Bella said this would be done in batches.

MV Princess of the Stars, owned and operated by Sulpicio Lines Inc., capsized off Sibayan Island at the height of typhoon “Frank” last June 21. It was carrying 864 passengers and crews.

Meanwhile, Philippine Coast Guard (PCG) chief Vice Admiral Wilfredo Tamayo said they would review the report submitted by Harbor Star to ensure that phase two had covered all areas.

"We would evaluate the completion report, to determine if we are satisfied with the phase two."

Tamayo earlier said that even if Harbor Star terminated its search and recovery operations last Nov. 10, he had appealed to Sulpicio Lines Inc. to exhaust all possible means to find other bodies.

"If it is possible, they could still integrate the search for the bodies in phase three," he said, referring to planned retrieval of the main ship from Romblon waters.

 

- GMANews.TV

Sulpicio now blames captain for 'Princess' tragedy

MANILA, Philippines — After blaming God and the weather bureau, the owner of the ill-fated MV Princess of the Stars now blames its captain for the tragedy that befell the ship last June.

Radio dzBB's Teresa Tavares reported Tuesday evening that Sulpicio Lines, Inc. claimed captain Florencio Marimon Sr. for not making the right decisions in the midst of typhoon Frank.

Marimon is believed to have been among the fatalities in the tragedy, where the ship capsized off Romblon province last June 21.

The officials of Sulpicio, washing their hands off any liability in the tragedy, said it was Marimon's duty to make the right decisions when faced with bad weather at the time.

 

- GMANews.TV

Salvage firm claims ‘MV Princess of the Stars’ operations completed; PCG not satisfied

A salvage firm contracted to retrieve remains of passengers of the capsized MV Princess of the Stars formally reported Monday it has completed its search for victims still trapped in the ship, but still failed to satisfy the Coast Guard.

Radio dzBB's Carlo Mateo reported that Coast Guard commandant Vice Admiral Wilfredo Tamayo instructed Harbor Star to continue searching for remains of passengers aboard the ship.

Harbor Star is the firm contracted by Sulpicio Lines Inc., owner of the capsized vessel, to retrieve chemicals and remains of passengers from the ship.

Tamayo said he was not satisfied with the 199 passengers recovered by Harbor Star, saying more than 500 were missing when the ship capsized last June at the height of typhoon "Frank."

In its report submitted to Tamayo, Harbor Star said it had searched all possible passengers' spaces, including Decks A, B and C, and the navigation bridge, theater, and dining area.

On the other hand, Tamayo reminded Harbor Star to submit its salvage plans to remove the shipwreck from the Romblon area.

Until the shipwreck is removed, he added, the Coast Guard will keep its oil spill response team at Sibuyan Island in Romblon.

Retrieved bodies from MV Princess in Cebu today

CEBU CITY — Some 127 bodies and body parts retrieved from the capsized MV Princess of the Stars are expected to be brought today to Cebu City from Sibuyan Island in Romblon, authorities said.

Acting Cebu City Mayor Michael Rama said the city is ready for the arrival of the bodies that were retrieved in the capsized vessel.

He expressed sadness over the fact that the retrieval operation recovered only less than half of the expected 500 bodies trapped in the vessel.

"If the salvaging team decides to end its operations, Sulpicio Lines and other agencies concerned should explain to the families of the still missing victims why the choose to discontinue the retrieval," Rama said.

The salvage company, Harbor Star, said the advanced decomposition of the bodies in the vessel due to sea water made the recovery very hard. The presence of endosulfan also delayed the retrieval operations.

Rama said, however, the city government has already mapped out plans for the arrival of the bodies and body parts that were retrieved from the capsized MV Princess of the Stars.

Rama said Cebuanos need not worry about health concerns with the arrival of the bodies and body parts, noting that the Department of Health (DoH) has assured the city government that the bodies that will be brought to Cebu are not contaminated with the poisonous chemical endosulfan.

"The city is ready, and the DoH has assured us that the bodies are not contaminated and will not pose any health risk to the Cebuanos," said Rama.

The recovered remains will be stored in the mobile morgue facilities prepared by the Disaster Victims Identification (DVI) unit located at the Cebu International Port.

Samples of the recovered bodies would then be sent to Sarajevo, Bosnia for DNA testing to identify the victims.

Supt. Anthony Obenza, chief of the Philippine Center on Transnational Crime-Visayas Field Office and PRO 7 information officer, said preparations for the arrival of the dead bodies are already under way.

Meanwhile, Rama advised the families and relatives of those still missing not to travel yet to Cebu pending the identification of the bodies.

Rama said it would be useless for families to go to the port area in Cebu where the mobile morgue is situated because they will not be allowed to enter the compound.

He said relatives and families should instead wait for an official call from the Disaster Victim Identification Team, composed of the International Police and the National Bureau of Investigation, to claim the bodies of their loved ones.

There were 850 passengers and crew members on board when the Stars capsized in the waters off Sibuyan Island in Romblon last June 21. Thirty were reported to have survived the tragedy.

‘MV Princess of the Stars’ salvage firm fails to meet deadline

MANILA, Philippines - A salvage firm retrieving bodies from the capsized MV Princess of the Stars admitted it will no longer be able to meet its Thursday deadline to retrieve all the remaining passengers trapped inside the vessel.

Radio dzBB's Teresa Tavares reported that Harbor Star officials said they still need to scour Deck A of the ill-fated vessel on Friday, a day after the deadline lapses.

The firm said debris got in the way of divers looking for remains to retrieve.

More than 500 passengers remain trapped in the vessel, which capsized off Romblon last June 21 at the height of Typhoon Frank.

As of Thursday noon, the report said the remains of 165 passengers had been retrieved.

Slow pace of ‘MV Princess of the Stars’ retrieval efforts scored

Relatives of missing passengers of the capsized MV Princess of the Stars scored salvage firms Monday for the "slow" pace of retrieving the remains of their dearly departed.

Radio dzBB's Carlo Mateo reported Monday that Levi Samuel, a spokesman for the relatives, voiced fears salvage firm Harbor Star may not meet its Christmas "deadline" to finish its job.

Samuel said that while more than 600 passengers remain missing to date, noting that only less than 150 have been recovered during the All Saints' weekend.

At such a slow pace, he said it is doubtful that Harbor Star can finish the job within the two weeks it promised to recover the remains of the passengers.

The MV Princess of the Stars capsized off Romblon last June 21 at the height of Typhoon Frank.

Charges loom vs Sulpicio for withholding info on pesticide cargo

MANILA, Philippines - Charges loom against the owner of the ill-fated MV Princess of the Stars for its failure to inform authorities that the ship was carrying a shipment of a powerful insecticide when it capsized over the weekend.

Deputy Presidential and National Disaster Coordinating Council (NDCC) spokesman Anthony Golez Jr also hinted at sanctions on agencies that failed to detect the chemicals aboard the ship.

"Kakasuhan namin ang management ng Sulpicio because they withheld that information (We will charge Sulpicio management because they withheld that information)," Golez said in an interview on dzBB radio.

However, he did not specify what charges the government plans to file against Sulpicio Lines.

Golez also said President Gloria Macapagal Arroyo, who is still on a 10-day visit to the United States, ordered the NDCC to make sure the contamination will not be spread.

He said President Arroyo also ordered the 40-foot container van containing the endosulfan be retrieved and isolated immediately.

Transportation Undersecretary Elena Bautista, head of a task force looking into the incident, said they learned of the pesticide only Thursday afternoon.

Bautista told a radio interview that Del Monte wrote the Fertilizer and Pesticides Authority (FPA) about the matter June 24, and the FPA wrote the DOTC only Thursday.

"We recommended to the President to convene the NDCC because of the urgency of the matter," she said.

She also said an initial check with the Coast Guard showed Sulpicio never sought any special permit to carry dangerous cargo.

In a separate interview, Coast Guard commandant Vice Admiral Wilfredo Tamayo said they will check if Sulpicio applied for a special permit.

Tamayo said he has ordered the divers in the field to stop search operations.

"Dapat may special permit to carry dangerous cargo, dapat ang shipowner mag-apply for special permit (The ship owner should have applied for a special permit to carry dangerous cargo)," Tamayo said on dzBB.

He said the Board of Marine Inquiry looking into the mishap may ask Sulpicio's representatives some questions on the matter.

When asked whether the Coast Guard will have its divers withdraw from the site, he said they will take it up with Transportation Undersecretary Elena Bautista.

Bautista was due at the site within the day.

"Magkakaroon ng pagpulong para ano ang susunod na hakbang (We'll discuss possible actions to take during the meeting)," Tamayo said.

On the other hand, radio dzBB's Carlo Mateo reported from Romblon that some of the Coast Guard divers had experienced skin irritation as of Thursday.

Probe body, Sulpicio execs in closed-door meet - report

On the second day of its probe, the Board of Marine Inquiry (BMI) on Friday morning went into a "closed-door meeting" with officials of the shipping line that owns the ill-fated passenger vessel that capsized off Sibuyan Island in Romblon.

A radio report said that, unlike in its first hearing last Wednesday, the BMI barred members of the media from conducting live coverage of the proceedings.

The report said Sulpicio Lines first vice president Edgar Go and lawyer Arthur Lim were inside the closed-door meeting.

In its first day of hearing, the BMI found out among others that the shipping company has been using an outdated version of the guidelines in sending off its ships during bad weather.

The investigating body also found out that the crewmen of the capsized ship and Sulpicio officials on land were forced to communicate via mobile phone after typhoon "Frank" shut down Sulpicio's radio communication.

Grilled on Wednesday, Go said the ship's still-missing captain, Florencio Marimon Sr, had last communicated to them about 11:30 a.m. Saturday.

Marimon reportedly said that they were already experiencing difficulty in maneuvering the vessel as it was already beginning to tilt.

Marimon, however, reportedly assured that the ship's engine was running fine at the time. - Mark Merueñas, GMANews.TV

Govt begins inquiry into ferry disaster

SAN FERNANDO, Philippines: Philippine investigators began an inquiry yesterday into a ferry disaster feared to have killed nearly 800 people as rescuers said there was little hope of finding survivors.

More than 100 US and Filipino divers combed the wreckage of the 24,000-tonne Princess of the Stars, whose upturned bow jutted above waters off the central island of Sibuyan after it capsized in a typhoon on Saturday.

“There are no signs of life,” said navy spokesman Lieutenant Colonel Edgard Arevalo, adding that at least 60 bodies were retrieved at or around Burias island yesterday.

The latest recovery of bodies brings the number of bodies found from the ship to at least 127, according to a count by the navy, meaning some 660 of the more than 850 people on board remain unaccounted for.

Rescuers said those who had survived in air pockets in the ship would have suffocated by now.

Only 57 people made it out alive, according to civil defence figures, making it one of the worst maritime disasters in the Southeast Asian country’s history.

At the first hearing of the board of inquiry, Edgar Go, vice-president of ferry operator Sulpicio Lines, said the coast guard had cleared the ship to sail.

Sulpicio Lines lawyer Arthur Lim also cited rules issued in 1998 saying that the coast guard had the responsibility of plotting storm routes and issuing these to shipping companies for guidance.

However, the head of the inquiry board, Rear Admiral Ramon Liwag, said new guidelines were issued in 2007, repealing the 1998 guidelines cited by Sulpicio officials.

The new guidelines say “the ship captain is given the responsibility to (decide) whether to leave port or not,” Liwag said.

Sulpicio officials said they had not received the 2007 guidelines. The next hearing was set for tomorrow.
The board of marine inquiry is a fact-finding investigation and information gathered at the hearings could be used for criminal prosecution, officials said.

The coast guard also temporarily removed the district commander of Manila, Commander Erwin Balagas, who had authority over the ferry when it sailed from the capital.

Coast guard officials said this was standard procedure and did not mean that Balagas was being blamed for the tragedy.
President Gloria Arroyo, in a statement from Washington where she is on an official visit, said: “We are holding the ferry company accountable.”

She said the inquiry will try to determine how the tragedy occurred “so we can take steps to make sure it never happens again.”

Lieutenant Commander Rogelio Villanueva told disaster relief officials in Manila that the divers were hoping to go deeper into the ship’s submerged dining hall and other compartments, where they had seen many bloated bodies.
Navy ships and helicopter scoured coastal areas as the recovery effort was stepped up.

“We are racing against time to save lives and retrieve bodies as soon as possible before they reach an advanced state of decomposition,” Villanueva said.

US divers joined the grim search for the bloated bodies of men, women and children who were on the 22-hour trip from Manila to central Cebu when Typhoon Fengshen struck.

With poor visibility and strong undercurrents hampering the operation, officials appealed for more equipment from abroad as well as relief goods for survivors of the typhoon, which left another 600 dead or missing in the country.
Arroyo secured a pledge from US counterpart George W Bush to send an aircraft carrier, the USS Ronald Reagan, and other naval assets to help.

“I expressed to President Arroyo our deep condolences to those who suffered as a result of the typhoon. We, the American people, care about the human suffering that’s taking place, and we want to help our friends in a time of need,” the US embassy quoted Bush as telling Arroyo.

The Japanese government said it would also send relief supplies to victims.

Meanwhile, relatives streamed into the offices of Sulpicio Lines demanding to know the fate of their loved ones.
Many were inconsolable, but there have also been tearful reunions for the lucky few who survived.

Sulpicio probed on 2 angles

The first hearing into why the Princess of the Stars capsized off Romblon shed light Wednesday on two possible liabilities of ship owner Sulpicio Lines Inc. (SLI): overloading of cargo, or failure to heed the revised Coast Guard guidelines on clearing boats for sailing during rough weather.

Since Saturday, when the boat capsized with 800 people and a huge cargo—including oil—onboard, SLI officials had pointed to the guidelines and insisted that when the ship sailed from Manila’s North Harbor Friday night, the weather bureau had only raised Storm Signal No. 1, which they said the vessel could weather.

The revised guidelines, however, mandated ship owners to look at storm alerts not just in the area of origin, but also the route and the destination. Even though Manila was only under Signal 1 as of Friday afternoon, Romblon was already under Signal 2, and Masbate, Signal 3—all part of the ship’s route to final destination Cebu.

The Board of Marine Inquiry (BMI), the body created to investigate the capsizing, will start to look, as well, into the overloading angle as the main cause of the country’s worst sea tragedy this year.

Investigating officials at the first hearing Wednesday asked Sulpicio Lines to submit its cargo-stowage plan and cargo manifest, two of the most important documents the company still has to show to the public days after the tragedy.

The next hearing is set Friday. In Wednesday’s hearing the board had already found some lapses on the part of Sulpicio that may have contributed to the tragedy, where just a few dozens of the 800 people on board have so far survived.

According to BMI chairman Rear Adm. Ramon Liwag, the weather forecast from Philippine Atmospheric Geophysical and Astronomical Services Administration  came at 4: 45 p.m. on June 20; this said that Typhoon Signal No. 1 was already hoisted in Metro Manila, Signal No. 2 in Romblon and Signal No. 3 in Masbate, or the route going to Cebu.

These forecasts, Liwag said, were material in the decision-making of both the ship captain and the company on whether or not to sail.

Sulpicio Lines’ MV Princess of the Stars is the country’s biggest roll-on/roll-off vessel, and as such the liner is claiming that it can weather bigger waves brought about by the storm.

MV Princess of the Stars capsized off Sibuyan Island in Romblon province on Saturday. It had a total of 862 people onboard: 724 manifested passengers, 111 crew members and 27 contractors.

The vessel was built in Japan in 1984 with 23,824 gross registered tonnage with a passenger capacity of 1,992 and cargo capacity of  200  20-foot metal containers.

The board also grilled Sulpicio officials on the communications equipment used by the vessel because port authorities received no distress signal when the ship was already sinking.

Edgar Go, the company’s first vice president and the first Sulpicio official to appear before the witness stand, replied that because of the bad weather, the distress signal got lost.

Investigating officials, however, disagreed and argued that distress signals may be received anywhere in the world once pressed. 

International laws mandate equipping oceangoing vessels with a system called a vessel-tracking monitoring system, which could be handy in times of bad weather or pirate attacks.

Local authorities are not yet requiring domestic vessels to have such a system.

The board also pointed out that Sulpicio was wrong to surmise that the Philippine Coast Guard is still using an outdated policy when it let the vessel leave port of Manila on June 20.

Arthur Lim, lawyer for Sulpicio Lines, presented Memorandum Circular 03-98-A dated October 15, 1998, which states that: “The Coast Guard District Commanders are the ones mandated to plot the prevailing weather condition and weather forecast for the next 72 hours and disseminate to all subordinate units and local shipping agencies the latest weather update.

“This is not to say that ship owners do not have the same responsibility of also monitoring and keeping track of weather reports. But I would just like to highlight that, your honor, to avoid any misimpression that the entire burden of keeping track of a weather disturbance rests only on the shoulders of ship owners,” he said.

Commodore Ramon Reblora, member of the board, told Lim that a revised circular was released on June 27, 2007.

The guidelines state: “Movements of any craft/vessel is left to the decision and responsibility of its master/ship owner if PSWS [Public Storm Warning Signal] No. 1 is hoisted within the vessel’s point of origin, the route and destination.

“No vessel of 2,000 gross tons or below shall sail except to take shelter if PSWS No. 2 is hoisted within its point of origin, the route and point of destination.

“No vessel shall sail except to take shelter if PSWS No. 3/ PSWS number  No. 4 is hoisted within its point of origin, the route and point of destination,” the guidelines further states.

Inquiry, sanctions sought on MV tragedy

CEBU CITY, Philippines - National and local government officials Monday called for an immediate investigation into the sinking of the MV Princess of the Stars as well as sanctions for those parties responsible for the tragedy.

Parañaque Representative Roilo Golez said the Philippine Coast Guard should constitute an independent Board of Marine Inquiry to look into the incident. He also said he will push a similar inquiry by the House committee on transportation once Congress resumes sessions.

For his part, Cebu City Councilor and Transportation Committee chairman Sylvan “Jack” Jakosalem said he hopes the Arroyo administration would impose severe penalties on the agencies that allowed the MV Princess of the Stars to proceed to Cebu despite stormy weather.

Golez, who visited Mandaue City Hall on Monday, said one of the issues to be looked into is the possibility of changing the guidelines by the Philippine Coast Guard in issuing ferry clearances during bad weather.

“We cannot just blame the Coast Guard because (it) was just basing their clearance on the advisory of the PAGASA (weather agency). We should not blame anyone yet,” said Golez, a former deputy administrator of the Maritime Industry Administration.

He said the victims and their families deserve a credible investigation that won’t spare anyone.

“Even if there is clearance from the Coast Guard, the captain always has the last say whether he would sail or not considering the comfort of the passengers especially if there would be big waves,” Golez told reporters.

He said he would invite Cebuano lawmakers to represent the victims and their relatives on the House investigation.

The legislator said he hopes Congress would move to upgrade PAGASA’s facilities to enable them to make more accurate weather forecasts.

Jakosalem later said it was very clear that PAGASA classified Romblon under typhoon signal number 3 but the Coast Guard still allowed the boat to leave.

The councilor said he estimates that 90 percent of the vessel's passengers are Cebuanos, thus provoking outrage among Cebuanos over the tragedy.