Sulpicio Lines - Legal Controversies - MV Princess of The Stars Investigation - BMI Final Report

BMI Final Report

The 5-member Philippines Board of Marine Inquiry, in its 65-page report dated August 25, 2008 (submitted to the Maritime Industry Authority or Marina), found PSACC and its captain liable for the MV Princess of the Stars June 21 maritime tragedy. The BMI recommended that Marina “consider the suspension of the Certificate of Public Convenience (CPC) of Sulpicio Lines in accordance with existing laws, rules and regulations (and its criminal liability for the sinking." The final report blamed human error, and ruled that the ship's missing and presumed dead captain, Florencio Marimon, "miscalculated" the risk of continuing the trip to Cebu while the storm raged: "There was a failure of the master to exercise extraordinary diligence and good seamanship thereby committing an error of judgment.The immediate cause of the capsizing of MV Princess of the Stars was the failure of the Master to exercise extraordinary diligence and good seamanship thereby committing an error of judgment that brought MV Princess of the Stars in harm's way into the eye of typhoon Frank or Typhoon Fengshen (2008). It is found negligent for its failure to exercise its duty in ensuring that they transport passengers and cargo safely to (their) destination.”

PSACC said 52 survived the tragedy and 312 bodies were recovered of 825 passengers listed. The rest were declared missing and presumed dead.PSACC may appeal within 30 days, the Board's recommendation to the Maritime Industry Authority (Philippines) and the Department of Transportation. Meanwhile, cargoes of 5 toxic pesticides and other poisonous substances are still on board the ferry and will be refloated on September. Sulpicio Lines, the 2nd largest cargo carrier in the Philippines, accounts for 40% of all cargo movement across the country.

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