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The Sulpicio Lines, Inc. (SLI) asked on Wednesday the Manila regional trial court to reverse its earlier decision dismissing the damage suit it filed against the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) and its two officials.

In its motion for reconsideration, SLI and SLI senior vice present Edgar Go also asked the Manila RTC Branch 26, to issue an order declaring PAGASA and its officials - Prisco D. Nilo, director, and Nathaniel A. Cruz, chief of Weather Services, a branch of PAGASA - suable, and that the case proceed to a trial.

SLI claimed that the defendants do not come within the bounds of non-suability of the state.

“Although PAGASA is an agency performing governmental functions, it was correctly alleged in the complaint that, by virtue of its mandate under Executive Order No. 292, it is likewise performing propriety functions including generating resources for the agency,” SLI said in its motion.

The SLI filed an MR before the Manila RTC for the Pph4.5 million damage suit PAGASA and its two bureau officials over the sinking of the MV Princess of the Stars last June 21.

Judge Silvino Pampilo Jr. dismissed for lack in merit the civil suit last October 14.

In a nine-page motion, SLI claimed that the ground that defendants do not come within the sphere of the non- suability of the State.

Article XVI Section 3 of the Constitution states that the State may not be sued without its consent.

Pampilo said in the order that PAGASA, being a government agency that is performing its governmental function, is immune from the suit. - PNA

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