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By Jomar Canlas, Reporter
THE Public Attorney’s Office (PAO) and the families of the
victims of the tragic sinking of the MV Princess of the Stars of
Sulpicio Lines are not giving up their fight after a local court
junked the motion to dismiss filed by the said company.
In an interview with Chief Public Attorney
Persida Rueda-Acosta, a victory was notched before the sala of Cebu
City Regional Trial Court (RTC) Judge Soliver Peras after he denied
the motion to dismiss due to lack of cause of action.
The court ruled that there is indeed a cause of
action made by the survivor-victims and their families and there
should be trial in the process.
The Cebu RTC case is the civil case filed by the
survivor-victims and their families who are claiming damages caused
them after the sinking of the ship due to Typhoon Frank.
Acosta said that there are individual claims
that range from P800 ,000 to P20 million per person.
She said that the average claim is P400,000 for
moral damages, P400,000 for exemplary damages, plus the life
expectancy of each victim and the actual damages.
PAO notched the victory by stating that the
victims have their separate claims and cause of action but it can be
consolidated because it arises from the same issues and facts.
The Cebu RTC case is for the 40 families in the
Visayas and Mindanao who are claiming for damages.
However, despite the denial made by Judge Peras
to Sulpicio, the company insisted in their answer that there is no
cause of action because it was caused by “fortuitous event” or
its “an act of God.”
As to the Luzon civil case, the case is still
pending before the sala of Manila RTC Judge Antonio Rosales of
Branch 51.
Similar to the Cebu RTC case, Sulpicio has its
pending motion for resolution for the dismissal of the case due to
the argument that the case “states no cause of action.”
In the Department of Justice case, the panel of
prosecutors composed of State Prosecutors Maria Emilia Victorio,
Grace Victoria-Ruiz and Jovy Ann Escano-Santa Maria, is expected to
release their ruling as to the criminal aspect of the case soon.
The case filed against the owners of Sulpicio
Lines is reckless imprudence resulting to multiple homicide and
physical injuries and damage to properties.
The panel of prosecutors has already terminated
its preliminary investigation and the case is now submitted for
resolution.
Another case pending against Sulpicio is the
cancelation of their passenger ship franchise to go on voyage that
is now before the Maritime Industry Authority.
There are 800 victims caused by the said tragedy
which happened on June 21, 2008.
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