Sulpicio Lines vessel Princess of the Stars sank in raging Typhoon Frank on Saturday, with hundreds of passengers, including as many as 45 children, feared dead, according to an Associated Press report.The ferry had been carrying more than 700 passengers and crew members when it went down on Saturday. Government rescuers had reached the spot near the island Sibuyan, where the passenger ferry had capsized.
President Gloria Macapagal Arroyo, who is in the United States for a state visit, scolded coast guard officials during a teleconference on Sunday for allowing the ferry to sail despite typhoon warnings. She ordered government agencies to coordinate rescue and relief efforts.
The coast guard said the Princess of the Stars was allowed to leave Manila on Friday evening for Cebu, a city in the central Philippines, because the storm had not yet made landfall.
Coast guard officials said that the ferry should have been big enough to sail, and that a warning issued earlier on Saturday barred only small boats from traveling.
Philippine media have now focused their attention on who are to blame in the tragedy. Despite the urgency of rescuing the survivors and locating the dead, here we are again focusing our attention on who are to blame. Later when the issue subsides, nothing concrete will come out of it as usual. Why don't we just leave it to the proper authorities to look into the causes of the tragedy? Then contribute in later discussions on how to improve our disaster preparedness and warning system.
I understand the ship was allowed to sail because under the rules, a ship that big can sail even under a Signal Number 3 storm. It was only Signal Number 1 when it left the port of Manila for Cebu. The ship's engine however conked out near the Visayas area so it was left at the mercy of the storm. The ship's seaworthiness must be looked into. But this early, let's leave the investigation to the investigators.
PRESUMPTION OF NEGLIGENCE
In a related legal issue, there is as we know a presumption of fault or negligence on the part of a common carrier in case of injury or death of a passenger. However, this is not to say that common carriers are absolutely responsible for all the injuries or damages even of the same were caused by a fortuitous event. (Japan Airlines vs. CA, 294 SCRA 19) Among others, this presumption of fault or negligence can be rebutted by proof that the loss or damage was occasioned by a flood, storm, earthquake, lightning, or other natural disaster or calamity.
Tags: Commercial Law, Current events
Posts
