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MANILA, Philippines -- Sulpicio Lines Inc. (SLI) filed a ?very respectful omnibus motion? on Tuesday asking the Board of Marine Inquiry (BMI) to limit its investigation into a cargo of endosulfan on the MV Princess of the Stars so as not to jeopardize a pending court case with Del Monte Philippines Inc (DMPI).
SLI legal counsel Arthur Lim said the BMI probe should not affect proceedings of a civil case filed by the shipping firm before Manila Regional Trial Court Branch 24 against Del Monte Philippines Inc. (DMPI), owner of the 10,000 kilos of the highly toxic pesticide that was part of the ferry?s cargo when it capsized and sank with more than 800 passengers and crew off Romblon province after sailing into the path of typhoon ?Frank? (international codename: Fengshen) last June 21.
Lim claimed a further inquiry into the matter would subject SLI to ?trial by publicity.?
?We will be deeply prejudiced? we have suffered so much,? Lim said.
Retrieval operations for the bodies of hundreds of passengers believed trapped in the ferry were halted after it was learned that the vessel was carrying the toxic cargo. A fishing ban has also been put in place around Sibuyan area, where the ferry sank.
Lim also said that since it had been established in previous hearings that the endosulfan was not the cause of the ferry?s sinking, it made the cargo ?outside the jurisdiction of the BMI.? Thus, he said, the investigating body does not need to find out who is to blame for the toxic cargo?s finding its way onboard the passenger vessel.
?The BMI should insulate itself from the legal squabble between Sulpicio and Del Monte,? Lim said.
He added that he had spoken with the legal counsel of the food conglomerate and it was in fact DMPI?s lawyer who initially suggested a joint motion.
The board accepted the motion and BMI chairman Rear-Admiral Ramon C. Liwag assured the shipping firm that they ?will do their best? to ensure the investigation results will not affect the ongoing civil case.
Meanwhile, Liwag said he is confident they can finish revising their report and submit this to Philippine Coast Guard commandant Vice-Admiral Wilfredo Tamayo by Friday and Transport Secretary Leandro Mendoza by Monday.
Earlier, Tamayo returned the BMI?s initial report for further revisions on matters that needed to be ?thoroughly discussed? like the stability of the ship and the ?modifications? made on it after SLI purchased it from Japan in 2001.
The BMI was also ordered to make recommendations to prevent the loading of toxic cargo like endosulfan on a passenger vessel.
Liwag refused to say whether the BMI will release the result of the investigation.
?It is up to them [Tamayo and Mendoza] whether who will release the results. Sumusunod lang kami sa kanila [We only obey their orders],? Liwag said.
