Case Summary (G.R. No. 173181)
Background and Relevant Facts
On June 20, 2008, Stars was expected to depart from Manila to Cebu City. Despite PAGASA’s issuance of Severe Weather Bulletins (SWB) indicating typhoon signals—including Signal No. 3 over areas along the vessel’s route—SLI officers discussed the weather advisories and decided to await subsequent forecasts before deciding the vessel’s departure. A predeparture conference occurred involving Captain Benjamin Eugenio (SLI Manila Port Captain) and Captain Florencio Marimon (vessel’s master), who opted to proceed after receiving clearance from the Philippine Coast Guard (PCG), which inspected the vessel and approved an alternative route evading the worst typhoon signals. However, the vessel eventually sailed along its regular route.
Between June 20–21, radio updates indicated changing typhoon paths. At 7:05 a.m. on June 21, Captain Marimon communicated that they were steering away from the regular course to take shelter. Despite this, Stars was caught in the eye of Typhoon Frank near Aklan Point and eventually capsized around noon with only 32 survivors out of 849 persons on board.
Board of Marine Inquiry Findings
The Board of Marine Inquiry (BMI), after investigation, found that SLI and its officers, including senior management, failed in their duty of extraordinary diligence. The investigation concluded:
- The immediate cause was the Master’s failure to exercise extraordinary diligence and good seamanship, leading the vessel into the eye of the typhoon.
- The company failed to discourage or prevent the voyage despite Signal No. 3 along the route, and lacked adequate monitoring and contingency planning.
- Contributory negligence was attributed to key officers, including the First Vice-President (Edgar S. Go), for failing to effectively implement safety management systems, maintain coordination, and provide timely instructions.
Criminal Complaint and DOJ Preliminary Investigation
Victims' heirs filed criminal complaints for reckless imprudence resulting in multiple homicide and injuries against SLI officers and Captain Marimon. The Department of Justice (DOJ) Panel found probable cause to indict Captain Marimon and Edgar S. Go. The panel emphasized that the alleged alternate route was an afterthought and that the vessel sailed on the regular route into the typhoon's path. The DOJ Panel held Go responsible due to his management role over vessel operations and his failure to prevent or discourage the voyage, as well as failure to order timely shelter or anchorage.
Other SLI officers were excluded from charges due to insufficient evidence. A subsequent information was filed in the Regional Trial Court (RTC) of Manila against Go for reckless imprudence.
DOJ Secretary Resolution and Motion for Reconsideration
The then Secretary of Transportation and Communications exculpated SLI, holding the Master solely responsible for the sinking, citing human error and poor judgment by Captain Marimon. Meanwhile, DOJ Secretary Alberto Agra denied Go’s petition for review, affirming probable cause for indictment. The DOJ Secretary underscored that preliminary investigation findings of probable cause do not equate to guilt but merely bind parties to trial.
Court of Appeals Ruling
The Court of Appeals (CA) reversed the finding of probable cause against Go, invoking the doctrine of non-interference in prosecutorial discretion. It held that as a land-based corporate officer, Go lacked the authority to control the vessel’s navigation or instruct the captain in emergency maneuvers and therefore could not be held criminally liable for the voyage’s outcome. The CA indicated that the decision to set sail was within the captain’s and PCG’s prerogative. The CA dismissed the charges against Go.
Issues on Appeal
The People argued that:
- The CA erred in taking cognizance of the certiorari petition while the People of the Philippines, an indispensable party, was not impleaded.
- The CA improperly substituted its judgment for the discretionary authority of the prosecutor and DOJ Secretary in finding probable cause.
- Respondent Go exercised supervisory control over vessel operations and erred in failing to act prudently under severe weather conditions.
- Determination of probable cause and ultimate guilt are matters for trial court appreciation.
Petitioners maintained that Go had authority and duty to control vessel operations, that his failure to act was negligent, and that the DOJ did not commit grave abuse of discretion in recommending indictment.
Go contended that liability for reckless imprudence in maritime navigation rests with the Master aboard the vessel, not with land-based officers, and that he lacked authority to order the vessel’s movements or emergency actions.
Supreme Court Ruling
1. On Failure to Implead the People of the Philippines:
While respondent’s petition before the CA was defective for not impleading the People, this did not deprive the CA of jurisdiction. Courts have held that failure to implead an indispensable party is not ground for dismissal but may be remedied by impleading the party. The Office of the Solicitor General (OSG) actively participated by defending the DOJ’s position, negating any prejudice on that ground.
2. On Non-Interference Doctrine and Probable Cause:
The Court reiterated the well-established rule that courts should not interfere with prosecutorial discretion on probable cause except upon grave abuse of discretion. Prosecutors have broad discretion in determining sufficient evidence to warrant filing of charges. Grave abuse is arbitrary or capricious exercise of discretion.
3. On Probable Cause to Indict Edgar S. Go:
The DOJ Panel found probable cause based on:
- Go’s supervisory position, his authority over port captains and safety officers.
- His involvement in decisions whether the vessel should sail.
- His failure to cancel or discourage the voyage despite severe weather bulletins.
- His omission to instruct the vessel to take shelter or drop anchor once danger was apparent.
- The disaster resulting in numerous deaths and injuries as consequence of such omissions and negligence.
The Court emphasized that the probable cause finding does not determine guilt or innocence, which are matters for trial after full presentation of evidence.
4. Distinction between Civil and Criminal Liability of Shipowners and Officers:
The Court explained that shipowners’ civil liability arises from contractual obligations under the Civil Code to carry passengers safely and is separate from criminal liability for reckless imprudence. Criminal liability focus
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Case Syllabus (G.R. No. 173181)
Case Background and Factual Matrix
- The case concerns the tragedy involving the sinking of the M/V Princess of the Stars (Stars) on June 21, 2008, a passenger cargo vessel owned and operated by Sulpicio Lines, Inc. (SLI), resulting in significant loss of lives and missing persons.
- On June 20, 2008, Typhoon Frank was forecasted by PAGASA with severe weather bulletins (SWB) issuing different Storm Warning Signals (SWS), with SWS No. 3 eventually hoisted over areas affecting the vessel's route.
- SLI’s Manila Port Captain, Captain Eugenio, and the vessel’s Master, Captain Marimon, met to deliberate on the typhoon warnings and initially decided to await the next weather report as the vessel’s regular route seemed unaffected.
- After PAGASA’s SWB No. 8 reported intensified typhoon conditions with SWS No. 3 along the vessel's usual course, Captain Marimon proposed an alternate route west of Tablas to avoid the weather disturbance, which was approved by the Philippine Coast Guard (PCG).
- Despite the alternate route approval, the vessel departed Manila at 8:04 p.m. on its regular route with 849 persons on board, complying with safety regulations.
- During transit, various weather bulletins indicated Typhoon Frank’s movement and intensification, and communication with the vessel continued until it was caught in the typhoon near Aklan Point.
- The vessel ultimately capsized and sank around 12:30 p.m. on June 21, 2008, with only 32 survivors out of the 849 on board.
Board of Marine Inquiry’s Findings and Conclusions
- The Board of Marine Inquiry (BMI) conducted an investigation concluding that SLI and its officers failed to ensure the safety of the vessel and its passengers by not properly evaluating the danger of the typhoon before departure and throughout the voyage.
- The BMI identified the immediate cause of the incident as the Master’s failure to exercise extraordinary diligence and good seamanship, resulting in erroneous navigation into the eye of Typhoon Frank.
- It also cited the company's failure in extraordinary diligence to discourage the vessel’s departure despite severe weather warnings and its failure in vessel monitoring during critical hours.
- The BMI noted the company’s ineffective implementation of its Safety Quality Management Manual, proving system failure attributable to SLI management.
- The report further identified contributory negligence by senior officers, especially the First Vice-President (respondent Edgar S. Go) who failed to exercise extraordinary diligence in apprising and directing the Master relative to the typhoon threat.
- The incident resulted in multiple deaths, missing persons, property damage, and marine environmental harm, with the BMI finding respondent negligent for lack of proper coordination and contingency planning.
Criminal Complaint and Preliminary Investigation by the Department of Justice (DOJ)
- On September 2, 2008, heirs of the passengers filed a complaint against SLI, its officers, and Captain Marimon for reckless imprudence resulting in multiple homicide, serious physical injuries, and damage to property.
- The complaint alleged that SLI and its officers disregarded the severe weather conditions by allowing the vessel to sail as scheduled despite the typhoon threat.
- The DOJ Panel of prosecutors found probable cause to indict Captain Marimon and respondent Edgar S. Go for reckless imprudence, highlighting the alternate route as a mere afterthought and the vessel’s actual navigation on its regular route into the typhoon path.
- The DOE Panel emphasized l