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Wednesday, September 06, 2006
Justice recommends raps v. Solar 1 captain, owner
FOR having an expired license, overloading his vessel and violating practically every rule in the mariner's book, the captain of the ill-fated MT Solar I that sank off Guimaras Island last August 11 had it coming.
But aside from Captain Norberto Aguro, the Department of Justice (DOJ) also recommended the filing of criminal and civil charges against Clemente Cancio, president of Sunshine Maritime Development Corporation (SMDC), owner of Solar I.
Petron Corporation is getting off with a relatively lighter offense because it simply chartered the vessel. Both the oil firm and ship owner however were recommended to pay for torts or damages for the oil spill that polluted the waters of Guimaras and neighboring provinces
In the initial findings of the DOJ fact-finding task force chaired by Undersecretary Ernesto Pineda, the ship captain and ship owner appeared to have violated several laws like the Corporation Code (Batas Pambansa 68), the Anti-Dummy law, Clean Water Act, Domestic Shipping Act, Revised Penal Code on reckless imprudence resulting in homicide and damage to property, and the National Internal Revenue Code.
Two crew members remained missing after the sinking of the vessel.
Pineda said the penalties for violation of those laws may be imposed on erring directors, managers and officers of SMDC and Petron. The report of the DOJ panel will be submitted to the President.
"There is criminal negligence on the part of Captain Aguro and crew members; criminal and civil liability of officers of Sunshine Maritime Development Corporation for torts; and civil liability of the officers of Petron Corporation," he said.
He said in the matters of torts and damages, especially when death occurred, there is a presumption that the vessel, the captain and the crew members are at default unless they are able to overcome the evidence to prove otherwise.
During the panel inquiry, Pineda said Aguro was defiant in not admitting his responsibility for the sinking of the vessel.
"According to him, what he did is right. He said the vessel was sinking downward because of the volume of water inside so he pumped it out to balance the vessel. But instead of anchoring the ship at the nearest port in Iloilo, the captain decided to proceed with his voyage towards Zamboanga City," Pineda said.
Vice Admiral Arthur Gosingan, commandant of the Philippine Coast Guard, told the panel that had the vessel been anchored and Aguro declared a so-called "marine protest," the PCG would have been able to inspect the vessel to see if it was still seaworthy.
"Since there was no protest made, the PCG was not informed so they were not able to provide assistance. The accident could have been prevented," Pineda said.
The DOJ also pointed out Aguro's own admission that his license has expired since Jan. 31, 2002.
Although he has a master mariner's certificate, there was a caveat in it that states that he may only be able to navigate a chemical tanker but not an oil tanker. "Solar I is a bunker oil tanker but Aguro is a holder of a chemical tanker certificate. The qualifications are not the same for running two vessels," said the DOJ panel.
On top of his expired license, Aguro also appeared to have overloaded the vessel when he agreed to board four personnel of Petron to accompany the cargo to Zamboanga City even though its capacity was only 16.
The captain also on three occasions did not make use of a tugboat, which will guide the vessel in docking, a violation of the Marine rules, the DOJ panel found out.
Pineda said Sunshine Maritime's liability lies with its failure to reprimand its captain and for possible violation of the anti-dummy law for having the Japanese incorporators shoulder the bulk of its paid-up capital of P5 million.
On the other hand, Petron's liability stemmed from its failure to ensure the safety of the ship that it chartered.
"We can't attach any criminal liability on Petron, only to the captain because he is directly involved. Petron is merely the charterer and owner of the cargo but it is liable for negligence in hiring the wrong vessel because it has the obligation to see to it that the vessel is seaworthy," he said.
The DOJ will summon the other crew members of the sunken ship for the what could be the last panel inquiry on Friday to determine the physical condition of the captain, whether he actually sleeping or drunk at the time the vessel was said to be sinking, as reported in the newspapers.
The panel will also question the PCG and Maritime Industry Authority (Marina), which regulate the operations of shipping firms, and authorized Aguro to proceed with his sea voyage despite his expired license.
Meanwhile, Petron distribution manager Rolando Salonga said the company has no direct control over the personnel that manned the sunken Solar I.
Salonga said the oil firm, in its dealings, only coordinates with the owner of the vessels that they are chartering.
He also said it is SMDC that has direct control over the crews and ship captain of Solar I.
"We have an accreditation process. Our requirement is to check the technical capability and financial status of the shipowners. We don't have a direct control over the crews and captain of the Solar I vessel because they are hired by the ship owner. We only coordinate with the ship owner," he said of Sunshine Maritime, which has been ferrying their fuel cargoes since 2001.
But even if Petron has no supervisory powers over the tanker and its crew, Salonga said it conducts precautionary measures in ensuring the safe delivery of their fuel to their intended destinations.
Among the measures that they are undertaking are: the conduct of ship inspections prior to loading time; requiring the ship owner to submit the Maritime Industry Authority (Marina) certificate of insurance; Marina vessel registry and cargo ship safety equipment, which certifies that the ship comply with the international safety standards and the vessel particulars and sea worthiness issued by the ship owner.
Salonga however admitted to the DOJ panel that they only check once every six months if the license of the ship crews and its captain are up to date.
"The actual and physical inspection is part of our internal procedure and it is a one-hour process being conducted by a tending surveyor, vessel representative and the chief mate. Our inspection of the licenses of the crews are not made every voyage. It is conducted every six months. That is our procedure," he said.
He said the ship owner informed Petron that there will be a delay in the delivery because of rough seas.
"They said the vessel will temporarily shelter and wait for the weather to normalize so that they could go on with the trip," Salonga said.
Salonga admitted to the DOJ panel that petroleum products are dangerous cargoes, that is why they strict implement safety measure for each delivery that they are conducting.
Meanwhile, Peter Paul Shotwell, supply, operations and planning manager of Petron Corporation, said other oil industry players are utilizing the services of the Sunshine Maritime company that owns and operates Solar I.
Shotwell however declined to name the other industry players but said when one company gets a volume of supply and wants to send it out immediately, they usually hire vessels that are readily available.
"But we re-check everything before we hire them," he said during the weekly Kapihan ng Bayan at the Sulo Hotel in Quezon City.
He added that it is not yet sure at present how the remaining oil found in the sunken vessel would be retrieved but they are closely coordinating with authorities.
Defense secretary and Task Force Guimaras chairman Avelino Cruz Jr. said he has already gotten the commitment of Petron that they would exert all efforts in rehabilitating and restoring Guimaras and he continues to remind them of that commitment.
"Petron has committed that they will exert all efforts, spend all resources to restore and rehab Guimaras to as close as possible to where it was originally,? Cruz said.
He said the government had initially released P10 million to Guimaras, P5 million to Iloilo, P5 million to Negros Occidental and P5 million to the University of the Philippines-Visayas and they are willing to release more to ensure that the cleanup operations and the relief assistance to the affected residents would continue.
Cruz said they would have it reimbursed later by Petron.
He also said part of the immediate assistance extended to the affected residents is alternative livelihood through the Department of Agriculture (DA), which would provide the affected families with at least four piglets, 10 native chickens and seedlings for vegetables and hybrid corn. The DA Region VI had initially identified 120 families who would receive the assistance this week.
Cruz said aside from this, the World Wildlife Fund (WWF) had recommended that since majority of the affected residents are fishermen, they should be taught how to improve their fishing techniques. The Bureau of Fisheries and Aquatic Resources (Bfar) had also sent 10 motorized bancas to enable the fishermen to fish in areas far from the oil spill.
They have also raised from P200 per day per person to P300 per day per person the cash given to the volunteers under the Cash for Work program. This would be reimbursed with Petron as well.
Cruz urged local residents to consider filing insurance claims for the oil spill as representatives of the International Oil Pollution Compensation (IOPC) and the Protection and Indemnity Insurance (PII) would be conducting seminars from September 5 to 8 in Guimaras.
The Adelaide Zoo based in Australia would also be arriving in Guimaeras soon to setup a wildlife rescue center to help treat and rehabilitate the affected and "oil-covered" marine animals.
This would be part of the environment department's rehabilitation program which includes replanting mangroves, rehabilitating of sea corals and sea grass.
Science and Technology Secretary Estrella Alabastro, for her part, said a Coast
Guard boat is also set to arrive in Guimaras to bring in more coconut husks from Romblon to help absorb the oil slick.
Alabastro also said the coconut husks are better than using human hair, which would be more difficult to contain.
Cruz defended the use of chemical sprayers or dispersants to stop the oil sleek which he said was ensured to be safe before it was used.
He said the Japanese Coast Guard, in its initial report, said the use of dispersants is effective and safe and without any side effects to the marine life.
Cruz said he is expecting a formal report, including recommendations, in the next two days. He said the recommendations would also include how the remaining containers of oil would be treated.
He said the initial report showed that it is feasible to have it siphoned off because the oil is "not yet coagulated or solidified". He said while it would be more expensive, he favors siphoning it off.
Cruz said at least two barges are on standby in Guimaras along with five dump trucks that would collect the oil sludge and the waste products that would be transported to a cement firm in Misamis Oriental.
He assured that the Coast Guard had already inspected the barge and ensured that the crew qualified and the checked the seaworthiness of the vessels to ensure that it would reach its destination.
Meanwhile, President Gloria Macapagal-Arroyo would personally check the cleanup operation in Guimaras Wednesday.
She is also set to certify as urgent a bill strengthening and giving more teeth to environment and maritime laws to prevent a repeat of the oil spill in the future.
"She thought it best to prepare legislation, among them, she announced her readiness to certify a proposed bill to prevent and give due punishment to those responsible for oil spills. So it's part of an overall package. And aside from that, our agencies continue to work in communities affected by the oil spill, including livelihood, medical treatment of those affected by the oil spill," said Press Secretary Ignacio Bunye.
Bunye said the government is expecting oil companies and other firms engaged in the transport of oil and chemicals to start coordinating with the government agencies concerned for the institution of the necessary preventive measures.
"The protection of the environment will always remain a top national priority," he added. (ECV/JMR/Sunnex)
(September 6, 2006 issue)
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