The Department of Justice has ordered today the filing of criminal charges against the captain and one of the owners of the sunken MV ‘Princess of the Stars’

As the findings were released, Justice Acting Secretary Agnes VST Devanadera has immediately directed the inclusion of the respondents in the watch list of the Bureau of Immigration.

In a resolution by the panel of investigators, ship Capt Florencio M. Marimon and Edgar Go, Vice Pres. For Administration of Sulpicio Lines Inc. (SLI) were ordered charged for reckless imprudence resulting in multiple homicide, physical injuries and damage to properties under Article 365, in relation to Article 249, 263, 265 and 266, of the Revised Penal Code.

A copy of the resolution was ordered to be furnished the Ombudsman to consider in conducting investigation against the responsible officers and employees of the Bureau of Customs, Philippine Ports Authority and Philippine Coast Guard with respect to the entry into the country of the shipment containing endosulfan and its subsequent transshipment, loading in and carriage by the said ill-fated ship.

It included further preliminary investigation to be conducted against Capt. Benjamin Eugenio, Capt Nestor M. Ponteres, Engr. Ernelson Morales, all of SLI, and PO1 Felix Rizaldy M. Sardan, of the PCG, subject to Rule 112 of the Rules on Criminal Procedure. They were not impleaded as respondents but appeared to have direct participation in allowing the vessel to sail and continue to navigate despite of bad weather condition then prevailing.

It recommended Php 320,000 bail each.

SSP Pros. Ma.Emilia Victorio, who headed the panel with member prosecutors Grace Ruiz, John Medina and Jovyanne Sta. Maria, all assigned to conduct preliminary investigation, has explained that “civil liability is implied with the filing of criminal complaint.” She urged the VACC and the PAO to persuade relatives of other victims who were not able to complain to initiate charges taking into account that only 32 were represented in the filing of complaints against the respondents.

The DOJ panel found that Capt. Marimon, as the master of the vessel, demonstrated his negligence by his lack of foresight and precaution in observing the rules of good seamanship when he departed from the Port of Manila despite the brewing storm that later on developed into a typhoon. His decision to proceed with the voyage despite of receipt of severe weather condition bulletin showed his “extreme lack of precaution” that ended up the ship moving directly into the eye of the typhoon, the resolution stated.

The panel also found that Edgar Go, as responsible for vessel operations, movement and safety, failed to prevent and or discourage the ship to depart from the port despite prevailing bad weather conditions, considering the route and places where the vessel was sailing was already declared under typhoon signal No. 3. Respondent Go failed to give orders to drop anchor or take refuge for temporary shelter for the ship.

The MV Princess of the Stars capsized off Sibuyan Island in Romblon on June 21, 2008. The families of the victims commemorated today the first anniversary of the tragedy.

More than 717 passengers and crew (87 of whom were infants and children) died and went missing after the ship sank at the height of Typhoon “Frank” last year. Only 32 passengers survived the disaster. So far 447 of the bodies recovered have been identified through DNA testing and some 316 are still considered missing.