THE PRESENT SEA TRAGEDY
TO: 1 recipient
Sent 2008.Extracted from an old file.
MV Princess of the Stars capsized on June 21, 2008.
It was yet very vivid in my recollection and I know how it feels to be a passenger of the vessel in the middle of the ocean whose luggages and bedding were turned to pieces because our things were moving from one side to the other sides when the ship was hit by the typhoon. I had a first-hand experienced as a passenger on a ship which was nearly sank at the height of typhoon "Barang" in the ocean of Mindoro on October 3, 1971. I was on board MV Kolambugan of Escano Lines which I think 5 times smaller than the size of the Princess of the Orient. The ship which sailed from Manila bound for Surigao on October 2, 1971 was struck by the storm on the following day morning and was able to go back and hid to one safeside of the Minddoro island in the afternoon after nearly 5 hours of battling the giant waves. Thanks to the Lord God, and to the able and utmost diligence of the crews we successfully manuevered to a safe shore.
My brother-in-law Engr. Oscar Dela Pena, a Professional Civil Engineer, was one of the passengers of the ill-fated vessel Princess of the Orient of Sulpicio Lines, Inc. (SLI) which sank on Sept. 18, 1998. Just less than a month's time from my father's death who succumb to a heart attacked. He was never found till to date as there were also corpses found beyond recognition. The agony of pain of the family of my sister was too much to bear as another member of the family was lost. (It affected the health of my sister and her younger child) The sudden loss of the only bread-winner in the family of 6 with 4 little kids, 3 girls and a boy came very shocking to them. If the incident did not happen, my bother-in-law will graduate on that same year of his doctorate degree of (Structural Engineering at the University of Xavier, Cagayan de Oro City). Engr. Oscar Dela Pena was connected with DPWH as Project Manager in the construction of Kinalablaban bridge of Surigao del Sur.
The SLI has changed a little when it comes to paying the indemnity to passengers who were involved in the misfortune. They even advertised their offer to pay P200T per passenger in the Princess of the Stars as long as the passenger's name was in the manifest. Unlike the case of my bother-in-law even his name was in the manifest as passenger of the Princess of the Orient, we were ignored, as hundreds of us came to Manila as well as in Cebu offices of SLI to inquire about the fate of our loved ones, only to be met with a blank wall and a huge wave of rejection. And even if questions could not be answered then, there was no one to face us right and to listen. But now it seems with highhandedness attitudes are the same approach shown by the ship owner and their staffs. Until now the family of my sister feel so much injustice, not even one centatvo is received from SLI. The tribulation that the family had suffered is the trauma that had long been hounding the children which would cease to be forgotten. Especially after few weeks from the time tragedy happened, we did not give up as we continued our search for the missing relative, we were only left alone in the cold of the nights and in bad weather during the search along Batanggas area and its neighboring islands without financial aids from SLI.
As published in the newspapers, there were eerie similarities between the circumstances of the Princess of the Orient and the Princess of the Stars. Both were considered the biggest ships of SLI during their time-in 1998 and 2008 respectively. MV Princess of the Orient sank on September 18, 1998. Both ships set sail in stormy weather even though there were reports already that typhoon were forthcoming. Both skippers remain missing until at present and therefore no high ranking official of the ship could be question and more so could give proper and truthful information relative to the sinking or attest to the fact that they observed extra ordinary diligence to counter the presumption of guilt as prescribed in Art. 1756 of the Civil Code. Is it not the burden of proof lies on the common carrier to prove that they had not acted negligently? Why Princess of the Orient sank despite of its being huge vessel compared to other ships which sailed that stormy day but did not capsize? Passengers should have been given primordial consideration over with their profit and that safety must not be compromised, as provided in the following:
"Art. 1733. Common Carriers, from the nature of their bausiness and for reasons of public policy, are bound to observe extra ordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case."
"Art. 1755. A Common Carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances. [Merriam-Webster dictionary- foresight (n)-the act or power of foreseeing; care or provision for the future; prudence]. So if the skipper was guilty of imprudence and lack of foresight, the SLI can be equally guilty of such and considered negligent.
"Art. 1756. In case of death or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that the observed extraordinary diligence..."
As per Judge Estela Alma Singco of Cebu RTC Branch 12 in Unabia vs. SLI, ruled that the ship's skipper Isrum Mahilum and his crew were also to blame. The weather disturbance at that time of the Princess of the Orient's voyage was "not the sole proximate" cause of its sinking. Judge Singco even quoted the Board of Marine Inquiry (BMI) report that the cause of its sinking was the Captain's "erroneous manuevers of the vessel before it sank" and there was a "preponderance" of evidence that the Captain also miscalculated when he "erroneously navigated the ship at its last crucial moment."
Similar case was recently decided by the Appellate Court affirming the Manila RTC's finding that Sun Holidays Inc. (SHI) was liable for negligence. In a decision promulgated on June 18, 2008, the Appellate Court upheld the lower court's decision and hold SHI responsible for the accident and set aside the testimony of a Philippine Coastguard official that the sinking of the ferry was an "Act of Nature" but "NEGLIENCE'.
Can we not ask the judges, for those cases which are still pending, to resolve the case expeditiously? Is it not that we are entitled to a speedy trial, otherwise justice delayed is justice denied. Thank you.
TO: 1 recipient
Sent 2008.Extracted from an old file.
It was yet very vivid in my recollection and I know how it feels to be a passenger of the vessel in the middle of the ocean whose luggages and bedding were turned to pieces because our things were moving from one side to the other sides when the ship was hit by the typhoon. I had a first-hand experienced as a passenger on a ship which was nearly sank at the height of typhoon "Barang" in the ocean of Mindoro on October 3, 1971. I was on board MV Kolambugan of Escano Lines which I think 5 times smaller than the size of the Princess of the Orient. The ship which sailed from Manila bound for Surigao on October 2, 1971 was struck by the storm on the following day morning and was able to go back and hid to one safeside of the Minddoro island in the afternoon after nearly 5 hours of battling the giant waves. Thanks to the Lord God, and to the able and utmost diligence of the crews we successfully manuevered to a safe shore.
My brother-in-law Engr. Oscar Dela Pena, a Professional Civil Engineer, was one of the passengers of the ill-fated vessel Princess of the Orient of Sulpicio Lines, Inc. (SLI) which sank on Sept. 18, 1998. Just less than a month's time from my father's death who succumb to a heart attacked. He was never found till to date as there were also corpses found beyond recognition. The agony of pain of the family of my sister was too much to bear as another member of the family was lost. (It affected the health of my sister and her younger child) The sudden loss of the only bread-winner in the family of 6 with 4 little kids, 3 girls and a boy came very shocking to them. If the incident did not happen, my bother-in-law will graduate on that same year of his doctorate degree of (Structural Engineering at the University of Xavier, Cagayan de Oro City). Engr. Oscar Dela Pena was connected with DPWH as Project Manager in the construction of Kinalablaban bridge of Surigao del Sur.
The SLI has changed a little when it comes to paying the indemnity to passengers who were involved in the misfortune. They even advertised their offer to pay P200T per passenger in the Princess of the Stars as long as the passenger's name was in the manifest. Unlike the case of my bother-in-law even his name was in the manifest as passenger of the Princess of the Orient, we were ignored, as hundreds of us came to Manila as well as in Cebu offices of SLI to inquire about the fate of our loved ones, only to be met with a blank wall and a huge wave of rejection. And even if questions could not be answered then, there was no one to face us right and to listen. But now it seems with highhandedness attitudes are the same approach shown by the ship owner and their staffs. Until now the family of my sister feel so much injustice, not even one centatvo is received from SLI. The tribulation that the family had suffered is the trauma that had long been hounding the children which would cease to be forgotten. Especially after few weeks from the time tragedy happened, we did not give up as we continued our search for the missing relative, we were only left alone in the cold of the nights and in bad weather during the search along Batanggas area and its neighboring islands without financial aids from SLI.
As published in the newspapers, there were eerie similarities between the circumstances of the Princess of the Orient and the Princess of the Stars. Both were considered the biggest ships of SLI during their time-in 1998 and 2008 respectively. MV Princess of the Orient sank on September 18, 1998. Both ships set sail in stormy weather even though there were reports already that typhoon were forthcoming. Both skippers remain missing until at present and therefore no high ranking official of the ship could be question and more so could give proper and truthful information relative to the sinking or attest to the fact that they observed extra ordinary diligence to counter the presumption of guilt as prescribed in Art. 1756 of the Civil Code. Is it not the burden of proof lies on the common carrier to prove that they had not acted negligently? Why Princess of the Orient sank despite of its being huge vessel compared to other ships which sailed that stormy day but did not capsize? Passengers should have been given primordial consideration over with their profit and that safety must not be compromised, as provided in the following:
"Art. 1733. Common Carriers, from the nature of their bausiness and for reasons of public policy, are bound to observe extra ordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case."
"Art. 1755. A Common Carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances. [Merriam-Webster dictionary- foresight (n)-the act or power of foreseeing; care or provision for the future; prudence]. So if the skipper was guilty of imprudence and lack of foresight, the SLI can be equally guilty of such and considered negligent.
"Art. 1756. In case of death or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that the observed extraordinary diligence..."
As per Judge Estela Alma Singco of Cebu RTC Branch 12 in Unabia vs. SLI, ruled that the ship's skipper Isrum Mahilum and his crew were also to blame. The weather disturbance at that time of the Princess of the Orient's voyage was "not the sole proximate" cause of its sinking. Judge Singco even quoted the Board of Marine Inquiry (BMI) report that the cause of its sinking was the Captain's "erroneous manuevers of the vessel before it sank" and there was a "preponderance" of evidence that the Captain also miscalculated when he "erroneously navigated the ship at its last crucial moment."
Similar case was recently decided by the Appellate Court affirming the Manila RTC's finding that Sun Holidays Inc. (SHI) was liable for negligence. In a decision promulgated on June 18, 2008, the Appellate Court upheld the lower court's decision and hold SHI responsible for the accident and set aside the testimony of a Philippine Coastguard official that the sinking of the ferry was an "Act of Nature" but "NEGLIENCE'.
Can we not ask the judges, for those cases which are still pending, to resolve the case expeditiously? Is it not that we are entitled to a speedy trial, otherwise justice delayed is justice denied. Thank you.
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