The Department of Justice (DOJ) has asked the Manila City Regional Trial Court to reverse its recent decision dismissing the criminal charges filed against an executive of M/V Princess of the Stars which sank off Sibuyan Island, Romblon in 2008 resulting in the death of more than 200 passengers.
In a 17-page motion for reconsideration filed by a prosecution panel led by Senior Assistant State Prosecutor Hazel Decena-Valdez, the DOJ sought the reinstatement of the reckless imprudence resulting in multiple homicides, physical injuries, and damage to property filed against accused Edgar S. Go, former Sulpicio Lines Inc. first vice president for administration and team leader of the company’s crisis management committee.
At least 11 private complainants through the Public Attorney’s Office on Monday also filed a formal motion to assail the acquittal of Go.
Assistant State Prosecutor Jovyanne M. Escano-Santamaria, and Deputy State Prosecutor Alexander Q. Suarez signed the motion as members of the panel.
Manila City RTC Branch 54 Presiding Judge Maria Paz Reyes-Yson issued on Nov. 18, 2021 a decision which granted Go’s demurrer to evidence which sought the dismissal of the case on the ground of insufficiency of evidence.
The DOJ stressed that it has sufficiently established the identity and culpability of Go considering that Go has control over the operations of the vessels of SLI.
The families of the victims of the tragedy claimed that Go’s failure to order the master of the M/V Princess of the Stars to stop sailing and take shelter during the storm would fall under Article 365 of the Revised Penal Code (RPC) which punishes any person for reckless imprudence and negligence. They asserted that that Go had active control and supervision in the operations of SLI vessels.
The panel noted that Go’s indictment was upheld by the Supreme Court in a decision issued in 2018 which ordered the Manila RTC to reinstate the criminal case for reckless imprudence against Go after it ruled that the Court of Appeals erred in coming up with a resolution in Jan. 8, 2014 which granted Go’s petition to nullify his indictment by the DOJ.
The DOJ panel found that Go was involved in making decisions on whether a vessel should be allowed to sail such that he should have cancelled or discouraged the voyage considering the severe weather at that time.
The criminal charges stated that Go, as a responsible officer of SLI, failed to give instructions to Capt. Amado V. Ramillo “to take shelter and drop anchor or return to the port of Manila.”
The DOJ prosecutors also lamented the failure of the Manila RTC to afford it the opportunity to file its comment or opposition to the demurrer to evidence filed by Go before coming out with a ruling.
In a 20-page manifestation to join the prosecution’s motion for reconsideration meanwhile, the 11 complainants including Purita Hibe, Nissan Laurel, Estela Geli, Arlene Olang, Vicente Chua, Illuminada Timajo, Ernesto Clarin, Evelyn Bajet, Larina Matriz, Celerina Calayag and Sonia Manzanilla said “with due respect, the facts upon which the Honorable Supreme Court found probable cause to indict accused Go belie this Honorable Court’s finding that there is nothing that proves culpability of the accused, these facts undoubtedly establish accused’s guilt beyond reasonable doubt.”
The compainants urged Branch 54 to reverse its decision absolving Go of any criminal liability.
M/V Princess of the Stars owned by Sulpicio Lines capsized on June 21, 2008 off the coast of San Fernando, Romblon during the height of typhoon Frank. With Rio N. Araja
