G.R. No. 131588 - People vs. De los Santos

On June 20, 2008, M/V Princess of the Stars (Stars), a passenger cargo vessel owned and operated by Sulpicio Lines, Inc. (SLI), was scheduled to depart from the Port of Manila to Cebu City at 8:00 p.m.
At 11:00 a.m. of the same day, PAGASA issued Severe Weather Bulletin (SWB) No. 7, raising Storm Warning Signal (SWS) No. 1 for several provinces along Stars’ regular route, and indicated Typhoon Frank’s location and projected path.
A pre-departure conference was held at 3:00 p.m. between Captain Benjamin Eugenio (SLI Manila Port Captain) and Captain Florencio Marimon (Master of Stars) to discuss SWB No. 7. They decided to wait for the next PAGASA forecast expected at 5:00 p.m., reasoning that the typhoon would not affect the vessel’s regular route.
At 4:45 p.m., PAGASA released SWB No. 8, upgrading storm signals, including SWS No. 3 over several provinces along Stars’ regular route, and forecasting movement of Typhoon Frank crossing Samar and Camarines Sur.

Before departure, PO1 Felix Sardan, a Philippine Coast Guard (PCG) Boarding Officer, inspected Stars and found the documents and safety equipment in order. He informed Captain Marimon about SWS No. 3 along the route.
Captain Marimon showed PO1 Sardan a new voyage plan to navigate west of Tablas, avoiding the SWS No. 3 area. This alternative route was approved by PCG Station Commander Erwin Balagtas with instructions to seek shelter if the storm signal affected the route.
SLI received SWB No. 8 shortly before 8:00 p.m.
Stars departed at 8:04 p.m. with a total of 849 persons on board, including 709 passengers, complying with safety regulations.

At around 11:20 p.m., Manila radio operator Edgar Gorillo received SWB No. 9 forecasting Typhoon Frank moving northwest away from Stars’ route; this was relayed to Star’s radio operator. The vessel’s officers were confident it was in the safe zone until 1:00 a.m. June 21.
At 5:00 a.m., Gorillo and Captain Eugenio received SWB No. 10 showing Typhoon Frank moving westward. By 5:30 a.m., respondent Edgar S. Go arrived at SLI’s Manila Office and conversed with Gorillo, who reported that Captain Marimon assessed sea conditions as slight. At 6:20 a.m., the vessel, navigating its regular route near Romblon, reported rough but manageable seas.
At 7:05 a.m., Captain Marimon sent a telegram indicating the vessel was steering away from its regular course, heading south of Tablas to evade the typhoon’s center.
By 8:30 a.m., Stars was near Aklan Point and was caught in the eye of Typhoon Frank. Communications ceased at 9:00 a.m.
At about 11:30 a.m., a text from second mate Jay Franco Labiada advised the vessel was listing 25–30 degrees. The vessel was retreating toward San Fernando, Sibuyan. Captain Marimon later declared abandonment of ship.
Stars capsized and sank around 12:30 p.m. June 21. Of the 849 aboard, 32 survived, 227 died, and 592 were missing.

Respondent Edgar S. Go ordered PCG and SLI vessels to commence rescue operations. Due to bad weather, rescue teams only reached the accident site on June 23, 2008.

BMI investigation report dated August 18, 2008, found SLI and its officers failed to ensure safety of Stars, passengers, and cargo by not properly assessing the danger posed by Typhoon Frank before departure and during transit.
SLI failed to discourage the Master from sailing despite SWS No. 3 hoisted along the route. It did not promptly inform PCG when contact with Stars was lost at 9:00 a.m. June 21.
Immediate cause was the Master’s failure to exercise extraordinary diligence and good seamanship leading Stars into the typhoon’s eye. The company failed to exercise extraordinary diligence in preventing the voyage amid severe weather signals.
Proximate cause was SLI’s management’s failure to implement its Safety Quality Management Manual and comply with IMO-ISM Code and ISO standards, indicating system failure.
Contributory cause included respondent’s failure as First Vice-President to exercise extraordinary diligence in advising or discouraging the Master, and failure to implement safety systems and contingency planning effectively.

On September 2, 2008, Volunteers Against Crime and Corruption and some heirs of Stars’ passengers filed criminal complaint for reckless imprudence resulting in multiple homicide, serious injuries, and damage against SLI, its officers, Captain Marimon, and respondent Edgar S. Go.
DOJ Panel of prosecutors found probable cause to indict Captain Marimon and respondent for reckless imprudence, stating the alternate route presented was an afterthought and the vessel actually sailed its regular route into the storm’s path.
Respondent, as First Vice-President and Crisis Management Committee leader, was found remiss in his duty to cancel or discourage the voyage despite severe weather signals. He allowed Captain Eugenio and Captain Marimon to decide on sailing and failed to order sheltering or anchoring when Stars entered the typhoon’s vicinity.
Other SLI officers were excluded from charges for lack of sufficient evidence of participation.
Respondent filed petition for review to the DOJ Secretary challenging the indictment.
Department of Transportation and Communications Secretary issued a resolution exonerating SLI and holding Captain Marimon solely liable due to human error.
DOJ Secretary denied respondent’s petition for review on March 22, 2010, and subsequent motion for reconsideration, affirming probable cause to indict.

The CA, in a March 22, 2013 Decision, dismissed the charge against respondent, ruling that allowing vessel officers to decide sailing was within their authority.
CA found no law granting respondent authority to direct navigation or to order sheltering at sea, and thus, respondent was not criminally liable.
The CA denied petitioners’ motion for reconsideration on January 8, 2014.

Petitioners seek reversal of the CA decision.
Issues raised include jurisdictional defects and whether probable cause exists to indict respondent Edgar S. Go for reckless imprudence.

Whether the Court of Appeals erred in taking cognizance of and granting the petition for certiorari despite the failure to implead the People of the Philippines as an indispensable party.
Whether the Court of Appeals erred in ruling there was no probable cause to indict respondent Edgar S. Go, resulting in dismissal of the reckless imprudence charge against him.