This, after the Supreme Court reversed its earlier decision upholding two rulings by the Court of Appeals absolving Edgar Go, Sulpicio Lines Inc’s owner and vice president for administration, from any criminal liability arising from the sea tragedy.
The high court granted the appeal filed by the government through the Office of the Solicitor General, reviving the case against Go.
In its resolution dated August 18 but released to the media only on Wednesday, the SC Second Division ordered the reinstatement of the petition against Go, who was likewise ordered to submit his comment on the petition within 10 days from notice.
Aside from the OSG, which represents the Department of Justice (DOJ), the families of the victims, through the Public Attorney’s Office, also filed a separate motion for reconsideration.
“Acting on the Office of the Solicitor General’s motion for reconsideration of the Resolution dated 2 July 2014 which denied the petition for review on certiorari, the Court Resolved to… grant the motion for reconsideration,” read the resolution that was signed and promulgated by lawyer Lourdes Perfecto.
The five-man SC division is chaired by Associate Justice Antonio Carpio.
Meanwhile, the SC also allowed the withdrawal of appearance of Go’s legal counsel, lawyer Arthur Lim, in view of his appointment as commissioner of the Commission on Elections.
Original ruling
The SC ruled that Go’s liability in the incident was merely civil and not criminal in nature.
The high tribunal said Go’s failure to instruct the ship’s crew to seek shelter or drop their anchor during the storm only constituted civil liability and not criminal.
The SC said that while Article 2206 of the Civil Code was applicable to the case, it does not change the nature of the shipowner’s obligation from civil to criminal, the court said.
Article 2206 provides the amount of damages for death caused by a crime, including the amount the respondent should pay for the money that the deceased could have earned had he been still alive. The section also provides who can claim these damages. — RSJ, GMA News
