The Court of Appeals has junked the appeal of Sulpicio Lines Inc. to overturn the ruling issued by the Maritime Industry Authority in 2015 prohibiting it from engaging in the transport and carriage of passengers.
In a five-page resolution, the CA’s Eleventh Division through Associate Justice Pablito Perez ruled that SLI, now known as Philippine Span Asia Carrier Corp., resorted to the wrong mode of review, thus, warranting the dismissal of petition.
The appellate court stressed that SLI should have filed an appeal first with the Office of the President regarding the decision and resolution of Marina Board in accordance with the doctrine of exhaustion of administrative remedies.
The CA said: “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 controversy arose from the administrative complaint for the cancellation of SLI’s certificate
of public conveyance filed by the relatives of the victims of the ill-fated M/V 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 mandated that other ships that might 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 penalized SLI for the loading of Endusulfan, a dangerous substance.
In 2014, the SC issued a resolution reinstating the petition seeking the criminal indictment of Sulpicio Lines owner Edgar Go, in connection with the sinking of MV Princess of the Stars.
