The finality of the SC’s Dec. 10, 2018 decision, which reversed the Court of Appeals’ ruling, was contained in an entry of judgment, a copy of which was made public on Tuesday , issued by the High Court’s third division.
“It must be emphasized that there is a separate civil action instituted against SLI based on culpa contractual incurred by it due to its failure to carry safely the passengers of Stars to their place of destination. The summary of the decision released by the SC’s public information office stated that in 2009, the DOJ panel indicted Go, along with several others, for reckless imprudence before the Manila RTC.
“The CA ruled in Go’s favor holding that ‘respondent’s act of allowing the officers of the vessel to decide whether to set sail or not did not make him criminally liable as such decision was within the authority of the captain of the vessel, in coordination with the [Philippine Coast Guard] PCG, in view of the weather bulletin.’
“The Court found that the DOJ Panel did not only rely on affidavits of complainants but also conducted clarificatory hearings in finding that first, respondent Go, among others, failed to closely monitor and assess the movement of the vessel as against the movement of Typhoon Frank such that he did not instruct Captain Marimon to take shelter in the vicinity of Batangas despite information from PAGASA that the vessel would come face to face with Typhoon Frank if it continued along its regular...
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