Case Digest (G.R. No. 210816)
Facts:
On June 20–21, 2008, the passenger-cargo vessel M/V Princess of the Stars owned by Sulpicio Lines, Inc. sailed from Manila and later capsized in the Sibuyan Sea during Typhoon Frank, killing 227, missing 592, and leaving 32 survivors. Complainants filed a complaint and the DOJ Panel found probable cause to indict Edgar S. Go, First Vice‑President for Administration of Sulpicio Lines, for reckless imprudence under Article 365 of the Revised Penal Code; an Information was filed in the Regional Trial Court, but the Court of Appeals dismissed the charge for lack of probable cause.Issues:
- Did the Court of Appeals commit reversible error in taking cognizance of the certiorari petition despite the failure to implead the People of the Philippines?
- Did the Court of Appeals err in ruling that there was no probable cause to indict Edgar S. Go and in dismissing Criminal Case No. 09-269169?
Ruling:
The Supreme Court held that the CA did not lose jurisdiction because of the failure to Case Digest (G.R. No. 210816)
Facts:
- Background of the voyage and immediate events
- M/V Princess of the Stars (Stars) was a passenger cargo vessel owned and operated by Sulpicio Lines, Inc. (SLI) scheduled to depart the Port of Manila for Cebu City on June 20, 2008, at 8:00 p.m.
- At 11:00 a.m. on June 20, 2008, the Philippine Atmospheric, Geophysical and Astronomical Services Administration issued Severe Weather Bulletin (SWB) No. 7, hoisting Storm Warning Signal (SWS) No. 1 over specified provinces and forecasting Typhoon Frank’s position and movement.
- At 3:00 p.m., Captain Benjamin Eugenio, SLI Manila Port Captain, and Captain Florencio Marimon, Master of Stars, met for a pre-departure conference and decided to await the next PAGASA forecast expected around 5:00 p.m.
- At 4:45 p.m., PAGASA issued SWB No. 8, hoisting SWS No. 3 over several islands including Masbate and indicating Typhoon Frank’s intensification and projected movement.
- Prior to departure, PCG Boarding Officer PO1 Felix Sardan inspected Stars’ documents and safety equipment, was informed of SWS No. 3 along the vessel’s regular route, and was shown an alternate voyage plan to navigate west of Tablas; PCG Station Commander Erwin Balagtas approved the alternate plan with the directive that should SWS No. 3 affect the alternate route the vessel should take shelter or return to Manila.
- SLI received SWB No. 8 shortly before 8:00 p.m.; Stars obtained PCG clearance and departed at 8:04 p.m. under Voyage No. 392 along its regular route.
- Stars carried 709 passengers, 29 contractors, and 111 crew members—total 849 persons—consistent with its Minimum Safe Manning Certificate and PCG regulations.
- At about 11:20 p.m., Manila radio operator Edgar Gorillo received SWB No. 9 forecasting Typhoon Frank moving northwest away from Stars’ route; SLI ship officers remained confident Stars was in a safe zone through 1:00 a.m. on June 21, 2008.
- At 5:00 a.m. on June 21, 2008, SWB No. 10 indicated Typhoon Frank had moved westward; at 5:30 a.m., respondent Edgar S. Go arrived at SLI’s Manila Office and checked the radio room; he was informed the Master assessed sea conditions as “slight.”
- At 6:20 a.m., Stars was reported 1.3 miles off Sibuyan Point, approaching Apunan Point, with rough but manageable seas.
- At 7:05 a.m., Captain Marimon sent a telegram stating he was steering Stars away from its regular course toward the south of Tablas to seek shelter; by 8:30 a.m. Stars was within Aklan Point and caught in the center of Typhoon Frank.
- Communications were cut off at 9:00 a.m.; at 11:30 a.m. second mate Jay Franco Labiada reported Stars listing 25–30 degrees and retreating to San Fernando, Sibuyan; Stars capsized and sank in the Sibuyan Sea at about 12:30 p.m. on June 21, 2008.
- Respondent Edgar S. Go called the PCG to dispatch a rescue team and ordered SLI vessels to the area; rescue due to weather constraints reached the site on June 23, 2008.
- Of the 849 persons on board, 32 survived, 227 died, and 592 were reported missing.
- Administrative and investigative findings prior to criminal proceedings
- The Board of Marine Inquiry (BMI) issued an Investigation Report dated August 18, 2008 finding that SLI and its senior officers failed to ensure the safety of Stars, its passengers, and its cargo by not assessing Typhoon Frank’s potential danger before departure and during transit and by failing to monitor the vessel during the critical 7:00–9:00 a.m. period when the vessel was about 40 nautical miles from the typhoon.
- The BMI concluded the immediate cause was the Master’s failure to exercise extraordinary diligence and good seamanship, which brought Stars into the eye of Typhoon Frank, and the company’s failure to exercise extraordinary diligence in discouraging the Master from sailing and in monitoring the vessel relative to the typhoon’s movement.
- The BMI identified proximate cause as SLI management’s failure to effectively implement its Safety Quality Management Manual in compliance with the IMO’s *ISM Code* and ISO 9001:2000, describing a systemic company failure.
- The BMI listed contributory causes implicating specific officers, including the First Vice-President (identified in the report), for failing to exercise extraordinary diligence and to ensure coordination and contingency planning.
- Criminal complaint, preliminary investigation, and administrative resolutions
- On September 2, 2008, Volunteers Against Crime and Corruption and other heirs filed a complaint with the Department of Justice (DOJ) for reckless imprudence resulting in multiple homicide, serious physical injuries, and damage to property under Article 365 of the Revised Penal Code (RPC) against SLI, its officers, and Captain Marimon.
- The DOJ formed a panel of prosecutors which conducted preliminary investigation, including clarificatory hearings on March 13 and 20, 2009 where respondent and SLI officers testified.
- In a Resolution dated June 22, 2009, the DOJ Panel found probable cause to indict Captain Marimon and respondent Edgar S. Go for reckless imprudence, reasoning that the alleged alternate route was an afterthought, Stars actually took its regular route toward the typhoon’s center, SLI lacked an appropriate passage plan, and Captain Marimon and SLI violated PCG Memorandum Circular 04-07; the Panel held respondent, as First Vice-President for Administration and Crisis Management Committee team leader, had decision-making involvement and failed to cancel or discourage Voyage No. 392 and failed to order shelter or anchorage.
- The DOJ Panel excluded other SLI officers from indictment due to insufficient proof of specific participation; preliminary investigation against Captains Eugenio and Ponteres was nevertheless recommended.
- An Information for reckless imprudence was filed on June 22, 2009 as Criminal Case No. 09-269169 before the Regional Trial Court (RTC) of Manila, Branch 5.
- During respondent’s administrative challenge, then Department of Transportation and Communications Secretary Leandro Mendoza issued an August 28, 2009 Resolution exculpating SLI and holding Captain Marimon solely responsible based on human error by the Master.
- Then DOJ Secretary Alberto Agra denied responde...(Subscriber-Only)
Issues:
- Jurisdictional and procedural issue regarding indispensable party
- WHETHER the CA committed reversible error in exercising jurisdiction over and granting the petition for certiorari despite the failure to implead the People of the Philippines as an indispensable party in the proceedings below.
- Substantive issue on probable cause and non-interference
- WHETHER the CA committed reversible error in ruling that there was no probable cause to indict respondent Edgar S. Go for reckless imprudence under Article 365, Revised Penal Code, and consequently in dismissing Crimina...(Subscriber-Only)
Ruling:
- (Subscriber-Only)