The Sulpicio Lines Saga Continues

Written on Wednesday, July 9th, 2008 at 9:55 pm | by Nick

Unlike Patricio, I’m not yet worried at where the Congressional Hearings on the Sulpicio Lines Tragedy is headed, although I’m also very cautious. Cautious in a sense that these are politicians doing what they know best, grandstanding, with agendas, with political leanings, and often with accountability not in mind. I am all for the grilling of The Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), because it has failed to keep up to date with its equipment, and the communications between the agencies that oversee the Shipping Industry is still in the stone age as well.

I do share the sentiment of DJB, when he says that Congress is the last place where investigations should be made. In fact, I will add on to that. It is the last place where investigations should be made, because it is not new legislation that is needed, it is the fact that current safeguards should actually be implemented to begin with.

Furthermore, I will not condone PAGASA getting all the flak, especially when it was, in the end, the irresponsibility of Sulpicio Lines to prioritize the safety of its passengers. I won’t absolve anyone in this disaster, in fact, I think everyone had a hand in this tragedy, as a recent Inquirer article points out with clarity.

We often chastise organizations for the lack of cohesiveness and unity, but in this case, there is in fact unity between The Philippine Coast Guard (PCG), The Maritime Industry Authority (MARINA), Philippine Atmospheric, PAGASA, and Sulpicio Lines Inc. (SLI). The unity is based on stupidity and ineffectiveness towards safety.

LET’S WAIT FOR INVESTIGATONS?

Yes, of course, if the other side is willing to do so. But as early as the a day after the tragedy became known, Sulpicio Lines was already flashing money in front of the faces of the families of the victims. And as these two weeks have passed, they not only have blamed God for the disaster, they have gone on the offensive, slapping lawsuits, cases, and Temporary Restraining Orders against PAGASA, BMI, MARINA, DEL MONTE, and have fought back against those organizations willing to help the families of the victims, including The Public Attorney’s Office.

While the true physical cause of the tragedy itself, as to why the boat sank or capsized, is still unknown, that does not take away the fact that the boat should not have been there in the first place. I mean the only way that Sulpicio can be extricated of any liabilities on this tragedy is if indeed it was an Act of God, and I certainly doubt the veracity of that argument.

To say, that any emotional reaction or any articles towards this tragedy is like being chickens running around with our heads cut off, totally excludes the possibility that it is possible to be rational and emotional at the same time. We are, after all, beings that are both.

But, what exactly do we have to wait for? For better excuses, for the the exact cause of the capsizing? Yes, I would love an answer on the direct cause. But we do not need a direct cause, because the inherent decision to have that ship set sail was made by Sulpicio Lines. The only way that Sulpicio Lines can be cleared of any liability, I will repeat, is if this was really an Act of God. But even God gave Sulpicio a choice to sail or not to sail.

No, we don’t know exactly what happened to the boat that caused it to capsize, we have theories, guesses, but at the end of the day, Sulpicio Lines, with its poor record of Maritime Safety, does not deserve the benefit of the doubt. If it were a company with an impeccable safety record, we may give them the benefit of the doubt, but when it is this company, it’s kind of hard to do.

Take for example this little gem about Sulpicio Lines written by PCIJ,

Ten years later, a storm-battered M/V Princess of the Orient sank in Batangas waters and left 70 dead and 80 others missing. The ship was a replacement to the then largest vessel owned by Sulpicio Lines, the 191-meter long Filipina Princess, which continued to sail the lucrative Manila-Cebu route back in the early 1990s despite navigating only on one of two engines — a condition that prompted the Philippine Coast Guard to declare it unfit for travel in February 1993.

What kind of management does this? What kind of company does this? That they have to wait for PCG to act, that they would endanger passengers for the sake of profits? And we are to give the benefit of the doubt to such a company who has in the past stuffed its ships with more passengers that was legally possible?

BLOGSWARM, WRITING, and BLOGGING, AS A MEANS TO PUT PRESSURE

And when we take actions towards this company, it is also to put pressure so that SLI’s legal maneuvering and true motives can be exposed. While we wait it for the investigation to take place and be finalized, SULPICIO LINES has already tried taking actions against any kind of investigation by trying to request a temporary restraining order against the Board of Marine Inquiries.

Sulpicio Lines Inc., contends that The BMI does not have jurisdiction on this matter, and yet, Sulpicio Lines has only recently complained about this, and we must point out, that there have been other investigations prior to this that Sulpicio Lines has participated in, where The BMI was the overseeing body of such investigations. Question is, why does Sulpicio Lines find it necessary to contest the legitimacy of The BMI, when they haven’t done so in the past?

Sulpicio Lines Inc., is also taking actions against any kind of future lawsuits, as they make sure that families who have the requirements for the P200,000 bribe will not file future cases against them. And they are continuing to give grief to the families, by not only initially barring The Public Attorney’s Office inside its offices in order to give victims legal advice, but by also making it difficult to collect any initial amount of payout for their short term needs.

Indeed, the maximum dole out of P200,000 is not guaranteed, and it’s not even SULPICIO LINES’ money. This payout is the only amount of money they want the families of the victims to see.

Furthermore, Sulpicio Lines is filing a civil suit against DOLE for, according to them, failing to inform that the cargo was poisonous.

Now, if SULPICIO LINES is allowed to steam roll their way out of this tragedy, even before seeing any shred of evidence as to the actual physical cause of the tragedy, then why is it not alright for the families, writers, and other Filipinos to take action in trying to fight this company. Do we really need to wait, to not already know that what Sulipicio Lines is undertaking is an all out effort to blame everyone else except themselves?

I know a blogswarm may seem to be the least we could do to raise awareness, and it may even seem to be haste, but what it does is to put pressure and continue the discussions lest we forget and have yet another sea tragedy fall into the abyss of “whatever happened to that investigation thingy”. It’s an extreme position to take, to call for the shutdown of a company, especially when there hasn’t been any preliminary results of any investigations as of yet.

But there are two actions we can take. To wait the results of any investigations, while SULPICIO LINES gains legal momentum. Or do we attack them now head on, as they are already taking the necessary steps to protect themselves.

If the truth comes out, that indeed, they have no liability on this tragedy, which seems highly unlikely, they will be vindicated in the courts and in future claims.

But if the truth comes out that indeed they have a majority stake in the cause of the tragedy, 3 months is all it will take to have this company sweep everything under the rug.

So while prudence may be a good way to be a politician, we must also remind ourselves, that it could have been prudence on the side of SULPICIO that could have stopped this tragedy from happening in the first place.

So yes, it is the case, that while there has yet to be a specific cause of what literally happened to the ship in a physical sense, it can be concluded and deduced, and investigated, as to how the ship got to where it was in the first place.

Sulpicio Lines, with all the blunders it has had with previous sea tragedies, and with the concurrent ineptitude of other agencies such as PAGASA, PCG, and MARINA, it still cannot weasel its way out from the fact, that with the experiences it has had, it failed to err on the side of caution, on the side of human lives over business transactions and mere cargo. And for that, we need not wait to know that SULPICIO LINES is as liable as the others who were involved in this tragedy. The only individual cleared here, is God Himself.

If we’re too quick to judge, we’re just taking from the playbook of sulpicio who’s too quick to acquit themselves of any liability

MARINA, PCG - TIME TO ACTUALLY DO SOMETHING

If there’s something that I have gained these last two weeks, is a great amount of knowledge on the maritime industry, and what’s not surprising is that it is inefficient, especially with regards to the agencies that oversee it. Previous sea tragedies have only been met with grand showmanship on the part of legislatures, inquiries by previous Board of Marine Inquiries, promises of a better weather agency in PAGASA, promises of heads rolling from MARINA’s own mouth, PCG that tried to enforce the rules, and of course the sorry excuses from Sulpicio Lines, but all resulted in nothing more than mere drama, and no concrete actions that should have prevented future disasters.

MARINA is in charge as to whether or not Sulpicio Lines gets to keep its license and franchise. It is tasked to investigate the whole of the business, and BMI is tasked to investigate the specific capsizing of MV Princess of The Stars.

At the end of the day, BMI could expose those who are responsible for this tragedy. But the ultimate decision eventually goes to MARINA.

But we also have to look at MARINA, as to why in the days after the tragedy, when they started to investigate Sulpicio Lines’ ships, that they found many deficiencies. We have to ask ourselves, would they have investigated in the manner they did, and eventually find deficiencies, if it were not for the capsizing of The MV Princess of The Stars?

Does it take a tragedy for our folks in government to actually get off their asses? It sounds like a rhetorical question, and in the end, it may actually be a question we can answer ourselves, basing our answers from the past. That after the first major disaster involving Sulpicio Lines, was another three disasters, it must be that indeed, no one got off their asses.

IT COULD NEGATIVELY AFFECT THE ECONOMY?

As I said in a previous article, Corner The Market, Kill Anybody, there was an emphasis, why economy should not be the overwhelming reason to keep Sulpicio Lines in business, an article which I closed with the following paragraph,

After all is said and done, if Sulpicio Lines is still in business, we have one clear reason, why a poor Filipino can get life imprisonment for murder, and why The Rich not only get richer, they can also get away with most anything — maybe even murder.

Another argument is that if Sulpicio Lines is run out of business, we have no assurance that other companies will not do the same thing. And my answer to that is simple, run them out of business too. It’s all about accountability remember.

Returning to that economic factor, here’s an interesting tidbit that some may not realize, that other companies can and will fill the gap if ever Sulpicio Lines is closed for business, in fact, I’m sure competitors wouldn’t mind. It’s basic capitalism.

In a recent Inquirer Story, shipping industry leaders in fact need only 30 to 60 days to prepare to fill the void.

The Department of Transportation and Communications is asking the shipping industry to be ready to fill the void should Sulpicio Lines Inc. be shut down for its history of maritime disasters.

The Maritime Industry Authority is hearing the case for the cancellation of Sulpicio’s certificate of public convenience. As a contingency measure, government has been talking to members of the shipping industry on the effects of a possible Sulpicio shutdown in the next two months.

According to DOTC Undersecretary for Maritime Affairs Elena Bautista, who appeared at the weekly Balitaan sa Tinapayan (News Talk over Bread) Forum on Sunday, the shipping industry leaders said they needed 30 to 60 days “to prepare to fill the void.”

Now, honestly, the fact that it will only take this amount of time, has to make one wonder who is pushing the economic factor so far down our throats? Even President Gloria Arroyo has bit, and has allowed Sulpicio Lines to set sail once again, in order to cease any negative economic effects. This after The President practically “blew her top off” finding out about the tragedy. This is what I would call politics hiding behind the excuse of negative economic effects.

Negros Navigation, Sulpicio Should Learn From Them

Tonette, an account officer who also handles Negros Navigation recounts a conversation she had with Nenaco’s Chief Financial Officer,

Negros Navigation (Nenaco), a shipping line owned (indirectly) by Metro Pacific Corp belongs to a portfolio of accounts that I am currently handling. I was recently engaged in an animated conversation with Nenaco’s CFO regarding this recent maritime mishap and he had this to say:

At the time Signal Number 1 was hoisted over Metro Manila, Nenaco (or NN as fondly called by its crew and passengers) was also getting ready to set sail for Iloilo the same day that the Princess of the Stars was to sail for Cebu. With the growing inclement weather however, NN’s Management, together with the ship captain, decided not to push through with the trip as they didn’t want to take the risk of running into further foul weather and the attendant risks it brings once the ship is out at sea.

This decision showed Nenaco’s concern for its passengers’ safety. Once the weather cleared and the sea again safe for travel, Nenaco proceeded to sail for Iloilo, bringing its passenger safely to their destination. As everyone knows, Sulpicio Lines ended with a different fate.

If Nenaco was able to make this simple decision without relying on PAGASA for an official weather forecast or the COASTGUARD for clearance, why couldn’t Sulpicio?

It felt good being the Account Officer of a shipping company whose main concern is the welfare of its passengers. After all, their duty is to their loyal riding public. It says a lot of the company’s values and the priority of its shareholders, as well.

So, while many other companies heeded the call for caution, it was Sulpicio Lines that did not. While they blame everyone else except themselves, they do not realize that they have become like an elementary school boy giving excuses to his parents. Only thing is, this is a company, not a school boy. This is a company that should take responsibility for their wrong decisions, for not being prudent, and for not taking care of the most precious cargo of them all — human lives.

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About The Author: Nick is a passionate Filipino, and a political junkie. His personal blog is at Tingog - The Voice of The Filipino. He is the founder and Editor not Chief of FilipinoVoices.com. He has been blogging since 2006.

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6 Responses to “The Sulpicio Lines Saga Continues”

  1. Sulpicio Lines Is Still At It | Tingog.com | The Voice of The Filipino on July 9th, 2008 11:09 pm

    […] wrote a lengthy post over at FilipinoVoices regarding my stand on the continuing Sulpicio Lines Saga, and how we need not wait to realize that the benefit of the doubt should not be given to Sulpicio […]

  2. Sulpicio Lines, Don’t Forget Accountability | Filipino Voices on July 15th, 2008 7:51 pm

    […] folks, I ask you to read The Sulpicio Lines saga which I wrote just days ago (yes, I know it was quite long).  In the article I mention many […]

  3. DJB Rizalist on July 17th, 2008 11:31 pm

    Nick,

    A thoughtful and balanced piece. Let me just point out a number of things though…

    First of all, it is not true that Sulpicio Lines was the only one to have a ship sink in the storm. Sen. Richard Gordon reported that many, many dozens of big and small commercial and private vessels were sunk by Typhoon Feng-shen. Many of these sunken ships were already AT safe harbor! Notice that all by itself, this typhoon caused almost as much damage as all of our usual twenty or so annual storms. Indeed, any evaluation of Sulpicio’s safety record has to be adjudged side by side with other shipping companies and the general maritime safety record and normalized to the volume of traffic they deploy. I have a suspicion that they might not be the worst and could even rank highly in such a dispassionate and objective tally. I don’t believe that even Nenaco has a perfect record.

    Second, I think we must face the fact that “Acts of God” cannot be deterred or prevented because this is just a fancy name for the term “accident” which will ALWAYS happen, especially since we are annually in the path of those twenty or more typhoons. Granted human caution and prudence can mitigate the effects, but not entirely.

    I think it was Benigno or Bencard or CVJ who made the sensible observation that if we had a half-way decent insurance industry, then market forces and regulatory measures could effectively weight, punish and reward all maritime companies based on their records of service, safety and efficiency.

    I think that given the unalterably perilous nature of sailing on the high seas, this is the proven method of living with and dealing with the situation.

    I wouldn’t be too insistent on accountability in the form of “running them out of business” because if we look under every rock around here, we are sure to find worms. Even the passengers could be blamed, I suppose for imprudently deciding to travel in such inclement weather, probably not the first time they, or Sulipicio did it either, with no accidents, except this time.

    There should be accountability, but it ought to be rational and ought not to give in to the kind of radical precautionary principle that would kill maritime commerce altogether, or impose the kind of insane panic that ensued from the endosulphan scare abetted by environmental activists and other ideological fear-mongers.

    We’d all have to stay home except for when we are called out to demonstrate at the US Embassy.

  4. cvj on July 17th, 2008 11:52 pm

    DJB, how on earth could you mix me up with Bencard and Benign0? ;-)

  5. QUIT CLAIM? Why Sulpicio Lines Just Plain Sucks | Tingog.com | The Voice of The Filipino on July 24th, 2008 8:20 pm

    […] (please read a more detailed article which I wrote about a week ago, with regards to Sulpicio Lines) tags: (none) Add to del.icio.us | Digg this! | Yahoo MyWeb | Google Bookmark It! | Stumble It! Related Entries: BLOGSWARM: STOP SULPICIO LINESStop Sulpicio Lines BlogswarmEveryone Should Quit, And The Rest Imprisoned!Sulpicio Lines Is Still At ItThe Death Of JusticeBuried On A Sunday22 Ships?Sulpicio Lines, The Coast Guard, The Never-ending Screw UpsLet Us Not Be Bamboozled By Sulpicio LinesStill Missing […]

  6. eniale eiram on July 28th, 2008 2:49 pm

    it is in the law that a company will be excuse from any liability from any tragedy when a foruitous event occur. fortuitous event means flood, tyhoon, earthquake, fire or any acts of God, and of course how can we missed terorism. in this case Sulpicio Lines can be excused from any liability, but the question is “Why sail if there is already an announcement of a typhoon signal?”…. simple right? simple but never realized..

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