SC clears Caltex of 3rd party
liability in Doña Paz tragedy

THE Supreme Court yesterday cleared Caltex Philippines (now Chevron) of liability as third-party defendant in the damage suit filed by victims of the fatal collision between passenger ship MV Dona Paz and oil tanker MT Vector on Dec. 20, 1987 off Tablas Strait.

The SC Third Division affirmed the Court of Appeals ruling which cleared Caltex of culpability in paying damages to the victims of the collision which killed 4,375 people and ignited some 8,800 barrels of petroleum cargo carried by Vector which had been chartered by Caltex.

The SC cited its previous ruling in Caltex vs Sulpicio which involves the same case and where Caltex was absolved of third-party liability and Vector ordered to reimburse and indemnify Sulpicio for whatever damages that it is adjudged to pay the victims.

The SC junked Vector's contention that it is absolved from payment of damages to the victims as the findings of the Bureau of Marine Inquiry was not binding on the court and limited to administrative liabilities.

Vector claimed that Sulpicio was also liable for its failure to observe extraordinary diligence, and guilt of navigational fault and negligence, being the one that rammed against the oil tanker which was traveling at a much slower speed.

Investigators found that at the time of the accident, Doña Paz was way past its passenger and cargo limits while Vector had an expired boat license.

The family of spouses Cornelio and Anacleta Macasa who perished in the tragedy with their eight-year-old grandson Ritchie had sued for damages at the Manila RTC after refusing to accept Sulpicio's offer of P200,000 for the three victims whose bodies were never recovered. Sulpicio refused to pay the P1.7 million demanded by the Macasas, saying that Doña Paz was seaworthy, the collision was Vector's fault and the BMI had cleared it of liability.