THE Court of Appeals (CA) has denied the plea of Sulpicio Lines Inc. (SLI) to reverse the ruling issued by the Maritime Industry Authority (Marina) in 2015, banning it from engaging in the transport and carriage of passengers.
In a five-page resolution penned by Associate Justice Pablito Perez, the CA’s 11th Division held that the SLI (now known as Philippine Span Asia Carrier Corp.) resorted to the wrong mode of review, thus, warranting the dismissal of the petition.
The CA explained SLI should have filed an appeal first with the Office of the President of the decision and resolution of the Marina board in accordance with the doctrine of exhaustion of administrative remedies.
“SLI’s failure to appeal to the Office of the President before filing the instant petition before this Court is a premature invocation of the Court’s intervention, thus denies SLI a cause of action for judicial relief. Direct recourse to this Court, when administrative remedies are still available for SLI, is a ground for the dismissal of the petition,” the CA ruled.
The administrative complaint for the cancellation of SLI’s certificate of public conveyance was filed by the relatives of the victims of the ill-fated MV Princess of the Stars, which tipped off near the coast of Sibuyan Island in Romblon province in June 2008 during a powerful storm.
The incident claimed more than 200 lives and more than 500 others missing.
Covered by Marina’s decision were Sulpicio’s 11 current ships—MV Sulpicio Express Dos, MV Sulpicio Express Tres, MV Sulpicio Express Siete, MV Sulpicio Container II, MV Sulpicio Container XIV, MV Span Asia 1, MV Span Asia 2, MV Span Asia 3, MV Span Asia 5, MV Span Asia 7 and MV Span Asia 9.
The board also said other ships that may be added to SLI’s fleet would be limited to cargo operations only.
The decision still allows the filing of separate civil and criminal charges in relation to the tragedy.
It also ordered SLI to pay P800 as fine for the loading of Endusulfan, a dangerous substance. In 2014 the SC has issued a resolution reinstating the the petition seeking the criminal indictment of Sulpicio Lines owner Edgar Go in connection with the sinking of MV Princess of the Stars.
The board granted the motion for reconsideration of the family, filed through the Office of the Solicitor General, seeking the reversal of its previous decision dismissing their petition.