MARINA resets hearing on Sulpicio Lines franchise

The Maritime Industry Authority (MARINA) has rescheduled the hearing on the petition to cancel the franchise of Sulpicio Lines, Inc. following the petition of lawyer Arthur Lim to exclude government solicitors from participating in the proceedings.

“It is rather irregular for the Office of the Solicitor General to act as legal counsel for the prosecutor, which is the MARINA legal affairs office and the MARINA, as panel, acting as judge,” Arthur Lim, Sulpicio Lines’ legal counsel, said.

Lim added that in his long years of practice in the maritime industry, it is the first time that OSG took part in the hearing of such a case.

Lawyer Andrew Salazar, however, said that the Administrative Code of 1987 empowers the OSG to represent the government and other agencies in quasi-judicial hearings.

The MARINA panel, including lawyer Jean Ver Pia, Primo Rivera, Jose Venancio Vero and Antero Peñales, asked Sulpicio Lines to submit a written resolution until Wednesday after the panel failed to give a formal ruling on the complaint given a 10-minute recess. The panel gave representatives of OSG three days to give their comments on the resolution filed by Sulpicio Lines.

“It will taint the proceeding if no ruling will be given on this. I object to any participation of the OSG…It was advised to assist, but not to participate as prosecutors”, added Lim.

The resolution raised by Sulpicio Lines hindered director Prisco Nilo of the the Philippine Atmospheric, Geophysical and Astronomical Services Administration from testifying before the MARINA panel. Earlier, Nilo already appeared twice before the Congressional hearing and the Board of Marine Inquiry, the bodies tasked to investigate the sinking of the ill-fated MV Princess of th Stars.

Lim reminded the panel that Sulpicio Lines has a P3-million civil damage suit against PAGASA, particularly against Nilo and chief weather forecaster Nathaniel Cruz on the alleged wrong forecast and weather bulletin released at the height of typhoon Frank.

Before the hearing adjourned, Pia said that Sulpicio Lines has not included updates on insurance claims of passengers and relatives, updates on the hull and machinery insurance policy of the ship and the M/V Princess of the Stars’ safety and management manual.

Lim said that they have no extra copies of the safety management manual because they already submitted it as an exhibit to the Board of Marine Inquiry. The lawyer said that they had settled and paid majority of the claimants.

The panel told Sulpicio Lines to submit the waiver or receipt the claimants are supposed to sign before accepting the P200,000 insurance.

“We have now settled 240 to 250 death indemnity claims”, Lim said.

MARINA said that the the hearing will be moved to July 22 to give way to the panel’s ruling on Sulpicio’s resolution and the congressional hearing Thursday where MARINA and Sulpicio Lines officials were also invited.

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