The family of a seaman-apprentice who died of electrocution wins case against a shipping company.
Negligence on the part of the shipping firm that led to the death of the apprentice was established by the court.
Vernie Lopez, the elder sister of the victim, Erwin Lopez, said she likens the decision of the court in favor of their family to a thorn pulled out of the heart.
Vernie said that a lightening feeling shrouded her the moment she read the court decision, as justice for her brother has been served.
Erwin was a student of Marine Engineering at the Cebu Technological Institute in Carmen town, north Cebu. The student went into an agreement with Ocean Fast Ferries, Inc. for a one-year apprenticeship program. He was assigned internship aboard M/V Oceanjet 88 but was issued an embarkation order for another ship owned by the same shipping company.
However, Erwin was assigned in another ship identified as LCT Golden Lotus in Tabuelan town, midwest Cebu, owned and operated by Golden Bridge Shipping, Inc. which is a sister company of Ocean Fast Ferries, Inc.
On March 12, 2018, Erwin’s parents were informed that he was taken to the Tuburan District Hospital. A police investigation determined that an electrical cord and extension wire in the engine room of the ship electrocuted Erwin.
Further, a glitch in housekeeping policies was esablished because the extension wire was found to be torn already and that its copper wires were exposed.
Following the incident, Erwin’s parents filed a case for damages against the shipping firm and the boat skipper.
Stipulated in the case is the prayer of the family to be paid about P2 million in actual damages, taking into account the loss of earning capacity; P500,000 in moral damages, P500,000 in exemplary damages, P100,000 in attorney’s fees, and P3,000 in litigation costs plus appearance fees per court hearing.
Golden Bridge Shipping, Inc. filed a motion to dismiss for lack of jurisdiction as Erwin signed an agreement with Ocean Fast Ferries, Inc. and not with Golden Bridge Shipping, Inc.
On the other hand, Ocean Fast Ferries, Inc. reasoned out that the victim cancelled the agreement the moment he agreed to work for another ship owned by Golden Bridge Shipping, Inc.
However, Mandaue City Regional Trial Court (RTC) Branch 55 denied the motion to dismiss on February 26, 2019. Until on October 1, 2024, Presiding Judge Ferdie Esperidion Riveral of RTC Branch 87 issued a decision that the respondent pay the petitioner P1 million in temperate damages, P500,000 in moral damages, P300,000 in exemplary damages, and P50,000 in attorney’s fees.
Attorney Niva Villamor, legal counsel of the Lopez family, elucidated that business stakeholders in the transportation sector should always take as a priority the safety of the public and their employees.
“They must observe extraordinary diligence ilabi na nga kinabuhi ang ilang gidala,” Atty. Villamor said.