SATURDAY |JULY 26, 2008 | PHILIPPINES

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Fatalities' kin sue
Sulpicio for damages


BY EVANGELINE C. DE VERA

Families of fatalities in the sinking of the MV Princess of the Stars yesterday filed a multi-million peso damage suit before the Manila regional trial court against ship owner Sulpicio Lines Inc.

The passenger ship capsized off Sibuyan Island in Romblon last June, at the height of typhoon Frank.

Complainants Rogelio Orfiano, Ephraim Osorio and his wife Maria Ale Osorio, Lilibeth Balaod, and Josephine Padua filed separate complaints for damages before the Manila RTC. They were represented by lawyer Persida Rueda Acosta, chief of the Public Attorney's Office (PAO).

On Thursday, the family of victim Jonathan Calayag filed a P10 million damage suit before the trial court against Sulpicio.

Sued were Sulpicio president Enrique Go; Eusebio Go, executive vice president; Carlos Go, executive vice president and chief executive officer; Victoriano Go, senior vice president and secretary; Dominador Go, first vice President; Ricardo Go, first vice president and treasurer; Edward Go, first vice president; Edgar Go, first vice president; and all company directors and officers.

Also named defendant was Capt. Florencio Marimon, master of MV Princess of the Stars. Marimon is missing and may have gone down with his ship.

The Padua family is asking for P7 million in compensatory damages, while the Balaod family asked for P3.37 million. The Orfiano family asked for P20.5 million for the death of 19-year-old John Lester Orfiano, an apprentice mariner.

The three families also asked for P400,000 in moral damages and P400,000 in exemplary damages.

The Osorio family, who lost Soseth Osorio, a mother of two girls aged 13 and 9, asked for P400,000 in moral damages and another P400,000 in exemplary damages.

After the filing, Acosta told reporters that PAO will be filing more civil suits against Sulpicio.

Criminal complaints against the shipping firm will be filed after all civil suits have been filed separately.

Acosta said the complaint for breach of contract of carriage and negligence against Sulpicio would be filed separately because it will be more beneficial to the claimants.

"This is based on the decision of the Supreme Court that it is practical and beneficial that there be no class suit. Kasi pag class suit, magulo. Iba-iba ang amount ng complaint, ang trabaho nung mga namatay, at bilang ng mga namatay sa pamilya. Yung iba pito ang namatay sa isang pamilya. Pag iba-iba ang circumstances, it is better to file the cases individually at hindi class suit," she said.

Acosta said PAO is prepared to assist those who will file criminal cases Sulpicio, even as she admitted that many are still hesitant to do so.

She said relatives of the victims who agreed to receive the P200,000 insurance from Sulpicio could still be compensated for damages.

She said the P200,000 represents the passengers' insurance proceeds, the premium for which is part of the price of the ticket.

 


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