MV Princess of the Stars, Sulpicio Lines: the law presumes negligence

  Photo by Philip Plisson. Siecle du Belem. Used here for  educational, non-commercial purposes, thru free service by blog-use of image provided by and from www.allposters.com .

      The class suit against MV Doña Paz was successfully litigated by Atty. Milabel Cristobal of the Free Legal Assistance Group; both giant television networks got their facts wrong maybe because their reporters or editors/ directors were either  lazy, negligent, do not care about the facts.

      In case of death of or injuries to passengers, common carriers, or vehicles for commercial public transport, are presumed by the law to be negligent. In order to escape liability, the burden of proof is on the common carrier and the standard required to be followed  is the exercise of extraordinary diligence.

      Failure to get regular weather reports on the part of the ship owner or captain, before setting sail, as in the case of MV Princess of the Stars of Sulpicio Lines as admitted in today’s administrative hearing, can be presented in evidence to rebut any claim of exercise of extraordinary diligence. Failure to observe internationally recognized rules or standards of safety can also be presented in evidence.

     Sulpicio Lines has however offered P200,000 to each of those who lost loved ones in the sea tragedy. Acceptance of such an offer is usually conditioned on the signing of a quitclaim. A quitclaim is a release form, it universally releases the paying company from any and all liability arising from the incident, when signed and accepted. It means that once signed and accepted, all these legal provisions and presumptions are put to naught, you cannot anymore sue the company.

     The following are some pertinent provisions:

        Quote “Civil Code. Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.

      Quote “Article 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.

     Qoute “Such extraordinary diligence in the vigilance over the goods is further expressed in articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in articles 1755 and 1756.

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          Quote “Article 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

     Quote “Article 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755.

     Quote “Article 1757. The responsibility of a common carrier for the safety of passengers as required in articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise.” Closed-quote.