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Sunday, April 2, 2023

Class suit vs. Aleson Shipping Lines?

'Muslim lawyers vow free legal services to victims of deadly ferry fire'


ZAMBOANGA CITY – A group of Muslim lawyers have volunteered to provide free legal services to the families and victims of the deadly ferry fire that killed at least 29 people and left many more missing.










Photos released by the Philippine Coast Guard Station in Basilan province show the inside of the ill-fated MV Lady Mayor Joy 3. A huge fire hit the ferry on the evening of March 29 and killed at least 29 passengers and many more were reported missing. The boat departed Zamboanga City and sailed for Sulu province when the fire broke out near Hadja Muhtamad town in Basilan province. (Mindanao Examiner)

At least 48 lawyers have signed up to help the victims of the March 29 fire that broke out on MV Lady Mary Joy 3 off Basilan province.

 

The ferry, owned by Aleson Shipping Lines, departed Zamboanga City and was sailing to Sulu province when the fire broke out near Hadji Muhtamad town and the boat drifted to Baluk-Baluk Island where it ran aground.


Governor Sakur Tan


Sulu Governor Sakur Tan was the first to offer assistance to the victims of the tragedy that killed many of his constituents. Tan, a known philanthropist, said he will also commission a battery of lawyers which will help the victims and families of those who perished in the fire.


It was unclear whether the fire was an accident or deliberately set up, or an act of terrorism, but Tan also called on the National Bureau of Investigation to conduct a parallel and independent investigation into the fire. 

“I have no wish to pre-empt or influence the outcome of investigations into the mishap by issuing early statements at the height of the incident. I believe that it is more prudent and proper to wait for the composition of an investigating body to look into the matter, which among others will include the Philippine Coast Guard, Philippine Maritime Authorities, Bureau of Fire Protection and other agencies and instrumentalities of government,” Tan said.

 

“I call on the National Bureau of Investigation and request for them to conduct a parallel and independent investigation which we hope will shed more light into the cause of the incident. I will commission a battery of lawyers which will legally assist complainants and offer legal services for claims and other purposes,” he added.

 

Tan said the legal team will be headed by Provincial Legal Officer, lawyer Ryan Jumaani and private lawyer Wendell Sotto.

Muslim Lawyers Legal Assistance Program

Jumaani was among those who helped organize the “Muslim Lawyers Legal Assistance Program” to help the victims of the tragedy after some of the victims sought his assistance in pursuing legal charges against the ship’s owner.  

 

“Atty. Jumaani’s legal services were solicited by some of the victims, inspiring our organization to extend our assistance to those affected by the incident,” the group said.

 

“We, the Muslim lawyers of ZamBaSulTa, express our deep concern regarding the tragic fire incident involving MV Lady Mary Joy 3, which has left numerous families, devastated, and in need of support. As members of the legal profession and as adherence to the Islamic faith, we recognize our religious and moral duty to extend our help to the victims of this unfortunate event,” the lawyers said in a signed statement, a copy of it was seen by The Manila Times.

 

“The Muslim Lawyers Legal Assistance Program aims to provide free legal services to the victims of the MV Lady Mary Joy 3 fire incident ensuring that they received the support, guidance and representation they deserve in seeking justice and compensation,” it said.

 

“Collectively, as Muslim lawyers, we stand in solidarity with the victims and their families pledging our expertise, dedication, and compassion to help them navigate the complex legal landscape in their pursuit of justice. We are committed to upholding the highest standards of our profession and our faith as we work tirelessly to alleviate suffering of those affected by this tragedy,” it added.

 

It was unknown at this point how many victims or families of those who perished in the inferno are mulling a class-action lawsuit against Aleson Shipping Lines.


Mayor Arsina Nanoh, of the Hadja Muhtamad town, who was among those who led in rescuing at least 195 passengers, said the ferry had 205 passengers, but there could be more not listed on the manifesto. Nanoh, quoting a rescued passenger, said there were explosions in the ferry before and after the fire broke out.

Parliament inquiry

Two Muslim lawmakers Amir Mawallil and Deputy Speaker Laisa Alamia also filed a resolution in the Bangsamoro parliament seeking an inquiry into the incident to determine the cause of the fire.

“While we grieve with the families of those lost in the tragic ferry fire, we in the Bangsamoro government should also make sure we take steps to ensure that this incident does not happen again. It is very unfortunate that this tragedy occurred during the Holy Month of Ramadan, which only adds to our sorrow,” Mawallil said.

“Our people have plied these waters for millennia, and so such an occurrence begs painful questions: How could this have happened? Who is responsible? And how can we prevent it from happening again?” he added.

The Resolution No. 209 proposes that the appropriate committee look into the following issues: 1. The cause and circumstances of the fire, including any negligence or violations of safety protocols by the owner, operator, crew, or any other party involved in the operation of the vessel; 2. The adequacy and effectiveness of the safety measures, equipment, and protocols of the vessel and the shipping company in ensuring the safety and security of the passengers and crew; 3. The compliance of the vessel and the shipping company with relevant laws, regulations, and standards on maritime safety and security, including those promulgated by the Bangsamoro Government and the national government; 4. The immediate and long-term impacts of the incident on the survivors, the families of the victims, the environment, and the local economy, and the appropriate measures that the government should undertake to mitigate and address these impacts; 5. The policy and legislative measures that the Bangsamoro Transition Authority should propose or enact to enhance the safety and security of sea transportation within the Bangsamoro Autonomous Region, including the regulation, monitoring, and enforcement of safety standards and the provision of support and assistance to the victims and survivors of maritime accidents.

“The cause of the fire is still unknown, and there is a need to investigate the incident to determine the cause and prevent similar incidents from happening in the future. Pursuant to the Bangsamoro Organic Law, the Bangsamoro Government has the authority and responsibility to ensure the safety and welfare of the people, including those who use the transportation systems in the region for their livelihood and daily activities,” the resolution read.

Mawallil also posted on his Facebook page a purported statement of Aleson Shipping Lines where it urged the Bangsamoro regional government to immediately respond and provide for the needs of the victims’ families.

“We urge the Cabinet of the Bangsamoro Government to immediately respond and provide for the needs of the families of those who were lost in this tragedy, as well as the needs of those who were injured and still seeking medical care,” it said, adding, it has started to reach out to the victims and their families to ascertain how it could be of assistance to them.

“We grieve with the families of those lost in the tragic ferry fire in the waters near Basilan last March 29. We grieve especially for our Moro brethren who were lost. That this happened during the holy month of Ramadan only adds to our sorrow. Our people have plied these waters for millennia, and so such an occurrence begs painful questions: How could this have happened? Who is responsible? And how can we prevent it from happening again? We await the results of the ongoing investigation for the answers to these questions,” it said. (Mindanao Examiner)



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