Sulpicio faces string of cases over alleged unpaid insurance claims

Already burdened by a slew of multi-million civil suits over the deaths of passengers of the MV Princess of the Stars, owners of the ill-fated vessel faces a new string of charges - this time over alleged unpaid insurance claims.

Radio dzBB's Carlo Mateo reported that the Public Attorney's Office cited information reaching the agency saying that families of more than 500 victims in the tragedy were denied insurance claims.

PAO head Persida Acosta warned Sulpicio Lines Inc., owner of the capsized ship, that it will face charges of estafa over the non-payment of the insurance claims.

Acosta noted that among those who have applied for the insurance claim, only a few families received insurance payments.

The PAO earlier submitted to the Maritime Industry Authority the testimony of Engineer Nelson Ramirez of the United Filipino Seafarers questioning the seaworthiness of Sulpicio's ships.

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

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

Mass burial, cremation eyed for 200 MV Princess of the Stars victims

Remains of the more than 200 “unclaimed" victims the MV Princess of the Stars tragedy are scheduled for mass burial or cremation.

Radio dzBB's Cebu affiliate reported this was the decision reached by the National Bureau of Investigation, the International Police Organization and Cebu City officials.

The NBI disaster identification unit, which worked with an Interpol team to identify remains recovered from the capsized vessel, said the bodies had been at the Cebu port for so long.

Acting Cebu City mayor Michael Rama agreed with the decision after meeting with representatives of the NBI and Interpol, the report said.

On the other hand, they stressed Sulpicio Lines Inc., owner of the ill-fated vessel, should shoulder the expenses in the mass burial or cremation.

For their part, members of the NBI-Interpol identification team will turn over to the local government the documents and other evidence used to identify the bodies.

The MV Princess of the Stars capsized off Romblon province at the height of Typhoon Frank on June 21 last year. Plans are still being made to remove the shipwreck from the area.

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