Sulpicio sues government; House gangs up on Pagasa

MANILA, Philippines – Sulpicio Lines Inc. (SLI) sued the chairman and members of the Board of Marine Inquiry (BMI) for damages yesterday before the Manila Regional Trial Court (RTC), accusing them of gross violation of rules in investigation of maritime incidents and casualties.

At the House of Representatives, SLI received gentle treatment from lawmakers at the start of the congressional probe into the M/V Princess of the Stars disaster yesterday, while the Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pagasa) took a beating for alleged inefficiency.

SLI also asked the Manila RTC to issue a temporary restraining order (TRO) to stop the BMI from continuing its inquiry on the tragedy.

Edgar Go, first vice president of SLI, signed both complaints.

The 15-page complaint named as respondents Rear Admiral Ramon Liwag, BMI chairman, and the board’s members: retired chief engineers Bonifacio Balentic and Diosdado Ramos, retired master mariners Benjamin Mata and Amado Romillo, lawyer Ramon Reblora, and iadministrative superior Vice Admiral Wilfredo Tamayo, commandant of the Philippine Coast Guard (PCG).

The SLI asked the Manila RTC to stop the BMI from further conducting an inquiry on the tragedy, alleging that the “current investigation of the tragedy is irregular, illegal, and null and void for want of jurisdiction and authority.”

SLI said instead of an investigation, the BMI is conducting an inquisition.

“The Board Chairman has endeavored to display fairness but a majority of the members have already made up their minds as to the guilt of Sulpicio Lines even before the proceedings can be concluded,” said SLI.

It added that BMI’s lack of jurisdiction to investigate, aggravated by the failure of administrative due process resulting from pre-judgment, render imperative judicial intervention to rectify and prevent further harm and injury.

SLI said that unless immediately restrained, defendants will continue with their illegal proceedings and will soon issue their findings and decision being under pressure to do so.

They said the BMI proceedings have caused and added to the pervasive negative publicity against them, resulting to a tarnished reputation, damaged business standing and the object of public contempt and ridicule.

No hope in Pagasa?

Also in yesterday’s congressional hearing, Albay Rep. Edcel Lagman, chairman of the House appropriations committee, rebuffed Pagasa director Prisco Nilo on his testimony that they are “set to award” the set for the installation of Doppler radars, an equipment that measures the amount of rainfall.

“I would say that he is not telling the truth,” the Bicolano lawmaker told Bacolod City Rep. Monico Puentevella, whose transportation committee is spearheading the inquiry at the House of Representatives.

“The problem of Pagasa is not lack of funding. Their problem is that they don’t procure. They have conducted biddings but four biddings failed. They have post-disqualified a winning bidder. They are imposing new specifications not included in the requirements,” he said.

Nilo, who testified under oath, was forced to admit, but failed to address the issue of imposing additional requirements. “Yes, I think we have to revisit the procurement law. The main cause is not eligibility but documentation,” he said, without elaborating.

Lagman revealed that the weather bureau received P149 million allocation from Congress in 2005, P200 million in 2007 and P85 million in the same year as “calamity fund.”

“We could have avoided the tragedy if they have installed these five Doppler radars,” he said.

The senior administration lawmaker said two radars could have been installed in Mindanao, and one each in Cebu, Tagaytay City and Subic. “Until now, it’s been three years, but they have not yet procured.”

As for automation, Nilo – who earlier in the hearing bragged that their equipment is “at par” with the world’s best – said they cannot match their counterparts in Japan, who can issue weather updates every three hours.

He said they still need P200 million more – on top of the current P434 million in equipment upgrade pipeline – to go full automation. “We need more funds for the upgrading of our system.”

“Puro forthcoming. Everything is forthcoming! But typhoons are also forthcoming! Binigyan kayo ng Congress ng pera pero hindi niyo naman ginagamit, (Congress gave you money but you didn’t use it.)” blurted out Puentevella.

“Please don’t tell us to help you. We all want here to help. But now look, the ship is down. A lot of fishermen died too, more than one thousand aside from those who died at Sulpicio,” he said.

Nilo disclosed that at the rate their office is going, it will take Pagasa six hours to make a weather bulletin, unlike that of fully automated Japan, which can release weather reports every three hours.

In a related development, Manila RTC branch 26 yesterday ordered Pagasa to answer the allegation of “gross incompetence and irresponsibility” included in the P4.45 million damage suit filed by SLI.

Presiding Judge Silvino Pampilo Jr. gave Pagasa 15 days to answer SLI’s claim that it made inaccurate weather reports, which led to the sinking of the Princess of the Stars during the height of Typhoon “Frank.”

SLI filed the case against Nilo and the agency’s weather services chief Nathaniel Cruz last June 30, seeking P2.5 million in moral damages; P1 million for “loss of goodwill,” P500,000 for exemplary damages; P150,000 for attorney’s fee and litigation expenses; and P500,000 for moral damages done.

At the time of the ship’s departure from the Manila port, Captain Florencio Marimon Sr., Princess of the Star’s vessel master, relied on the Pagasa weather report issued at around 4:45 p.m., announcing bad weather in various places, but only typhoon signal No. 1 was raised over the port of Manila.

Sulpicio defended the captain’s decision to sail despite stormy weather saying the ship was the biggest in the country and could steam full ahead at an average speed of 20 knots. The complaint asserted that the ship, if needed, could seek shelter in various areas along its pre-plotted route to Cebu.

Suspend PCG officials

Akbayan Rep. Risa Hontiveros, on the other hand, called for the preventive suspension of several PCG officials, whom she said were actually equally liable for the sinking of the ill-fated vessel, which she called “Death Ship.” 

“Sulpicio Lines carried its passengers to their death, but PCG also made horrendous errors and violations of its policies that could have prevented this tragedy,” she said. “The sinking of M/V Princess of the Stars is a horrible end to a series of ghastly mistakes.”

She said preventive suspension should be imposed on Tamayo, PCG NCR Commodore Louie Tuazon, and Station Commander for North Harbor Erwin Balagas.

“They have collectively violated rules and procedures on maritime safety and they, too, along with Sulpicio Lines, should be held accountable for their errors,” Hontiveros said in a statement.

No letup

SLI lawyer Ma. Victoria Lim-Florido, meanwhile, told reporters before the start of yesterday’s House inquiry that their company is now coordinating with the National Disaster Coordinating Council (NDCC), Department of Transportation and Communications (DOTC), and other concerned government agencies for the safe and speedy recovery efforts.

“Sulpicio Lines will not rest until it exhausts all remedies available to ease the burden and look after the victims’ families,” she stressed.

She pointed out that the shipping line “continues to be on top of search, rescue and recovery efforts in the provinces of Romblon, Masbate, Camarines Sur, and Quezon, and neighboring areas.”

Lim-Florido reiterated the company’s commitment to help the families of victims and survivors.

She said Sulpicio has set up two crisis response centers in Manila and Cebu, which provide food, updates and counseling in coordination with the Department of Social Welfare and Development. 

SLI’s pronouncement coincided with the recovery of two bodies believed to be passengers of the ill-fated ship in San Francisco, Quezon Sunday morning.

But residents there immediately buried the remains because of the foul odor, according to the police.

Authorities identified one of the victims through his identification card as Eddie Osabel of Masbate.

The other unidentified male victim is already in a state of decomposition.

The bodies were found floating along the shore of Barangay Pinagsangahan Sunday morning.

The National Bureau of Investigation (NBI), on the other hand, said they have already identified seven of the 204 cadavers found.

NBI spokesperson lawyer Allan Contado said the NBI has already processed tissue samples of 125 cadavers for DNA testing, but declined to name the identified victims.

He said the DNA testing is being conducted by a foreign organization named International Commission on Missing Persons (ICMP), based in Sarajevo, Bosnia.

Contado clarified that the NBI has been conducting DNA testing, fingerprint, dental and other type of examinations since last week of June. He said the Interpol is also assisting in the effort.

The NBI estimates that the DNA testing for all the victims’ bodies may take two to three months, but could take longer depending on the situation. – With reports from Delon Porcalla, Jess Diaz, Arnell Ozaeta