Seven years after the sinking of MV Princess of the Stars, Sulpicio Lines, Inc., now Philippine Span Asia Carrier Corp. (PSACC), has been stripped of its permit to carry passengers and ordered to limit its operations to cargo transport only.
The Maritime Industry Authority (Marina) handed down the decision on February 16, almost seven years after MV Princess of the Stars sank on June 21, 2008 off Sibuyan Island in Romblon at the height of Typhoon Frank. Of the 851 passengers and crew on board, only 32 survived.
In a 50-page ruling, Marina cancelled the Certificate of Public Convenience it granted the carrier on May 16, 2005 giving it a 25-year permit to carry passengers.
The cancellation applies to all of PSACC vessels—MV Sulpicio Express Dos, MV Sulpicio Express Tres, MV Sulpicio Express Siete, MV Sulpicio Container II, MV Sulpicio Container VIV, MV Span Asia I, MV Span Asia 2, MV Span Asia 3, MV Span Asia 5, MV Span Asia 7, and MV Span Asia 9–as well as to any new additions to the shipping line’s fleet.
The decision also limited PSACC operations to cargo transport.
Failure to comply with ISM
The Marina ruling said PSACC failed to comply with International Safety Management (ISM) requirements, such as the inability to carry out the following: execute plans in key shipboard operations; ensure maintenance of ship equipment; properly document requisitions for life-saving appliances and safety equipment; and promote coordination and support between shipboard and shore-based staff about safety operations and pollution prevention.
“As a result, the Maritime Safety Inspection Team concluded that all the deficiencies and non-conformities found are pointing to a possible failure of respondent to effectively [enforce] their safety management system,” Marina stated.
The maritime agency also dismissed the argument of Sulpicio that the forecast of the Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA) for Typhoon Frank was inaccurate.
According to Marina, the vessel still had time to take shelter when PAGASA issued an update on the movement of the typhoon on June 20, 2008, but the ship supposedly did not and continued on its voyage.
Dismissed, however, was the complaint against the officials and crew members of the sunken ship for lack of evidence.
Insufficient fine
Moreover, Marina ordered a review of Memorandum Circular No. 120-1997, which was the basis for imposing an P800 fine against Sulpicio for carrying one 40-footer filled with 400 boxes of Endosulfan, a corrosive substance that is considered as severe maritime pollutant. Marina said the amount is insufficient to compensate for the damage suffered.
Marina said Sulpicio failed to screen the containers and relied merely on documents presented by the owner of the chemicals.
“Is the failure of the carrier to have any or any adequate system of screening containers amount to failure to provide safe, adequate, efficient, reliable and proper service at all times as required in the terms and conditions of its certificate of public convenience (CPC)? The answer is in the affirmative,” Marina stated.
The Public Attorney’s Office filed the case in behalf of the families of the victims, and the administrative case was litigated by Marina prosecutors.
PSACC vice president Dexter Go, in an interview with PortCalls in April last year, said the company had been continuously re-fleeting for the past three years as they intended to focus on the cargo side and was down to just two passenger vessels. – Roumina Pablo
