Families of victims of the 2008 sinking of M/V Princess of the Stars on Monday asked the Supreme court to overturn a ruling of the Court of Appeals ordering the inhibition of Manila City Regional Trial Court, Branch 49, Judge Daniel Villanueva who granted their civil suit and ordered Sulpicio Lines Inc. to pay them P241 million in damages.
In a petition filed through Public Attorney’s Office chief Persida Rueda-Acosta, the petitioners claimed that the appellate court committed grave abuse of discretion in
ordering the inhibition when Judge Villanueva has already decided with finality on the civil case.
“A decision has already been rendered by the RTC in the consolidated civil case for damage, and the same is already final and executory insofar as the 64 out of the 71 plaintiffs there are concerned, because Sulpicio and the Go family lodged a fatally defective appeal. Inhibition of Hon. Villanueva, therefore, is adverse to the speedy
resolution of cases and the speedy administration of justice,” the petition stated.
“Notably, the RTC case is now subject to execution proceedings precisely because of the final and executory nature of the RTC decision as stated above. Therefore, the inhibition would have the effect of aborting the execution of the decision,” the petitioners said.
The PAO chief also asserted that inhibition of a judge in a case should be voluntary as provided under Section 1, Rule 137 of the Rules of Court.
Acosta said that the CA’s special 16th division should have dismissed the petition of Sulpicio for its failure to attach pertinent records as required by rules.
She maintained that the judge did not commit any act to warrant his inhibition from the case.
“Honorable Judge Villanueva was rightfully, effectively and efficiently supervising and overseeing the trial of the case. His opinions and initial assessment, being based on the evidence so far presented and the conduct he observed during trial, do not necessarily amount to bias and prejudice,” Acosta stressed.
According to Acosta, the inhibition issue should have been considered moot and academic since the judge already decided on the case. She added it would be up to the high court to look into the regularity of the CA’s action.
In his ruling in September last year, Judge Villanueva awarded over P241 million in damages to the families and relatives of the victims who originally sought over P500 million in their civil suit.
The RTC said the amount, which will be paid by Sulpicio Lines Inc. (now Philippine Span Asia Carrier Corporation), shall earn 12 percent legal interest per annum starting from the date when the decision becomes final until fully paid.
The court held that evidence showed there was negligence on the part of the shipping firm, which was required to pay the relatives of those who died in the tragedy as well as the four survivors actual, moral and exemplary damages as well as the loss of earning capacity pursuant to the provisions of the Civil Code.
The criminal case against Sulpicio executives and officers remains pending with the Manila RTC.