SHIPOWNER Sulpicio Lines Inc. yesterday sued an air-and-sea
freight service firm before the Manila regional trial court for failure to
declare that the content of the cargo it loaded into the ill-fated MV Princess
of the Stars was the hazardous chemical endosulfan.
In an amended complaint filed by lawyer Arthur Lim, Sulpicio
named Ceva Logistics Inc. as co-defendant in the P5.5 million damage suit it
earlier lodged against the endosulfan consignee, food conglomerate Del Monte
Philippines.
Ceva was the independent contractor hired by Del Monte for
the transshipment of the cargo to Cagayan de Oro where the chemical was to be
used in its pineapple plantation.
Lim said Ceva was liable for "deceit and non-disclosure" of
the toxic character of the endosulfan cargo in the ship that subsequently sank
in stormy weather last June 21.
Lim said Ceva’s non-disclosure was in violation of their
contractual and legal agreement. He said Ceva acted negligently in filling up
the pro-forma bill of lading, acted recklessly and with gross imprudence by not
declaring the toxic cargo, and acted with utter disregard for the safety rules
in knowingly boarding a hazardous and toxic cargo for carriage by a
passenger-cargo vessel.
"All evidence point to Ceva’s gross and evident bad faith,
lack of care, irresponsibility and total disregard to safety and well-being of
others," the Sulpicio suit said, adding that Ceva led it to believe that
endosulfan was a regular cargo.
Sulpicio claimed Del Monte filled up a pro forma bill of
lading for the endosulfan transshipment consisting of one 40-foot container van
said to contain "400 Box Endosulfan Technical 94 percent Min" on June 18. The
shipping firm said it did not know endosulfan was toxic and a marine pollutant,
and was only informed so by Del Monte when it received a letter from the food
company on June 25, four days after the Princess of the Stars had sunk off the
coast of San Fernando, Romblon.
"Had the cargo been properly declared, plaintiff would have
loaded it in one of its purely cargo vessel," said Sulpicio.
The shipping company said Del Monte and Ceva are jointly and
severally liable because Del Monte "tolerated, if not, encouraged and at the
very least abetted the commission by Ceva of the tortuous and nefarious acts
against the plaintiff."
Manila RTC clerk of court Raul dela Cruz said the court will decide on Monday
if Sulpicio can include Ceva in its amended complaint. He said the delay in
hearing the amended complaint was due to the priority given by the court to
coming up with a ruling on government’s announced plan to ship back the
recovered endosulfan to Israel, its point of origin. – Evangeline C. de
Vera
