Left Flank

H. Harry L. Roque adds yet another «legal» reason to the two MLQ3 offers, why man made disasters multiple the destruction and human death wrought by natural ones, like the BRP Pampanga tragedy.

Part of the problem lies in the fact that Philippine law places a very low value on human life. Indeed, in Philippine courts, the cost of indemnity for a human life is valued at only $2,500. In the country’s statute books, the value is even lower ‫ just $100.

This valuation may not constitute the full amount of damages that the heirs of those who have died as a result of a crime or a breach of contract may eventually recover. Nevertheless, the refusal of Philippine courts to award damages beyond actual damages and nominal moral damages has made loss of life affordable to those who intend to be derelict in their contractual obligations.

Of course, exemplary and punitive damages in order to discourage conduct inimical to society do exist in the statute books. But Philippine courts have refused to resort to the use of such damage awards as a tool for controlling behavior, particularly of businessmen. Recent attempts by Filipino lawyers to prosecute civil claims for environmental tort and human rights abuses before American courts demonstrate just how desperate Filipino claimants are to seek redress against those who have acted negligently or with impunity.

All of this explains why Sulpicio Lines, the owner of the Princess of the Stars, has remained in commercial operations despite its many lapses. Simply put, the Philippine courts have not made it sufficiently costly for it to maintain non-seaworthy vessels.

Worse, litigation in the Philippines takes at least five years on average to be concluded. Even those Filipinos who can afford to litigate have to wait; a claimant in the Dona Paz tragedy, for example, waited 19 years before recovering $250,000 in damages. As a general rule, though, Filipino ferry and ship passengers are poor and cannot afford the services of lawyers or the high filing fees demanded by the courts. As a consequence, they settle for the crumbs that are eventually offered by the ship owners after a disaster.

It just doesn't pay to live in The Philippines!