The hull of the capsized ferry Princess of the Stars off San Fernando, Romblon province, Philippines. The ferry capsized and sank in bad weather on June 21, 2008, leaving over 800 people dead. US Navy
Accidents

Philippine court orders shipowners to pay $2m damages for 2008 ferry tragedy

Gareth Havelock

The Philippine Court of Appeals (CA) has ordered the owners of a local shipping company to pay damages amounting to approximately PHP136.3 million (US$2.36 million) to the families of the victims of a maritime disaster that left more than 800 dead nearly 20 years prior.

The CA upheld its earlier ruling that found the owners of Philippine Span Asia Carrier Corporation (PSACC), then operating under the name Sulpicio Lines (SLI), guilty of gross negligence resulting in the capsizing and sinking of the Ro-Pax ferry Princess of the Stars in bad weather off Romblon province on June 21, 2008.

Philippine authorities said the death toll from the tragedy reached 814. At least another 50 individuals have not yet been found even after the search and recovery effort extended into the middle of 2010.

The CA had charged PSACC's owners Enrique Go, Eusebio Go, Carlos Go, Victoriano Go, Dominador Go, Ricardo Go, Edward Go and Edgar Go with reckless imprudence resulting in multiple homicide, damage to property, and serious physical injury.

The charges were filed after authorities found evidence suggesting that the ferry was allowed to depart Manila at the height of Typhoon Fengshen, which both local and foreign weather agencies forecast as having 10-minute sustained wind speeds of up to 89 knots.

The CA has also awarded compensation totalling PHP800,000 (US$14,000) to each of four individuals who were among the 56 people who survived the incident.

The case against SLI had been elevated to the CA after the owners claimed that they cannot be held liable, as the capsizing occurred simply, "because of a fortuitous event."

However, the CA had argued that the appellants could not evade liability and were instead, "grossly negligent in their management and in their failure to take decisive action, which could have prevented the tragic event."

The court added that SLI could not attribute the mishap to purported negligence on the part of the Philippine Atmospheric, Geophysical and Astronomical Services Administration, the country's meteorological agency, as there is no evidence supporting such a claim.