A tanker spill in the Philippines earlier this year has led to 35,500 separate claims totalling more than $50m.
The 1,143-dwt Princess Empress (built 2022) sank off Oriental Mindoro in February, leading to widespread oil pollution.
According to data released at the International Oil Pollution Compensation Funds’ November meeting, 35,500 claims have been made up to now against the spill.
Oil pollution compensation claims of PHP 1.4bn ($25.3m), $26.4m and €2.7m ($2.9m) have been made so far.
The first layer of claims costs, up to the owner’s liability limit, will be met by the Shipowners’ Club, which is the Princess Empress’ protection and indemnity insurer.
The remaining claims will be paid out through the IOPC Funds, according to the 1992 Civil Liability Convention (1992 CLC) and the Small Tanker Oil Pollution Indemnification Agreement.
Around 33,000 of the claimants are involved in the local fishing industry, which has led to logistical difficulties in meeting claims.
“The compensation process has been complicated by the fact that most claimants in that sector do not have bank accounts,” IOPC Funds said.
“However, working together with the [Shipowners’] club, the secretariat quickly found alternative ways to make payments and has also continued with the process of making provisional payments in order to alleviate the financial hardship on those affected.”
So far the Shipowners’ Club and IOPC Funds have paid out PHP 42.5m, $24.8m and €2.6m.
The Shipowners’ Club liability over $10m will be met through the International Group of P&I Clubs claims pool.
IOPC Funds director Gaute Sivertsen also tabled a paper at the meeting on the organisation’s concerns about a possible oil spill related to the so-called “dark fleet” of tankers operating around sanctioned oil trades.
This fleet has been growing and includes many tankers without adequate liability insurance or any valid insurance.
Sivertsen warned that IOPC Funds and its contributors are exposed to an increased risk of having to pay the full compensation for spills if insufficient insurance is available to cover the shipowner’s liability.
He urged IOPC Funds member states to carry out their responsibility to check ships have CLC certificates verifying insurance coverage.
MANILA - The owner of the MT Princess Empress insisted Wednesday that the tanker that caused a massive oil spill in Oriental Mindoro and spread to other areas was new and had complied with registration requirements.
The statement came after the National Bureau of Investigation (NBI) alleged that the tanker was not newly built and noted alleged conflicting information on its origins.
The NBI's investigation also revealed that the RDC REIELD Marine Services submitted falsified documents to the maritime regulator Marina in the registration of the tanker.
The NBI has filed its second batch of recommended cases at the Office of the Ombudsman in relation to the Feb. 28 sinking of the MT Princess Empress.
The NBI Environmental Crimes Division recommended the filing of Anti-Graft & Corrupt Practices Act against 36 respondents, including the owners and crew of the MT Princess Empress, officials, and personnel of the Marina and Philippine Coast Guard (PCG).
The RDC REIELD Marine Services, in a statement, said that there was no irregularity in the tanker's construction and documentation process under the requirements of the Marina. It said it would answer the allegations in the proper forum.
The NBI and Pola town Mayor Jennifer Cruz are expected to file a third batch of cases against RDC REIELD Marine Services for allegedly violating environmental laws.
Apart from ecological damage, the oil spill affected the livelihood and food supply of hundreds of residents in Oriental Mindoro.
The Marina and the Philippine Coast Guard have yet to issue a statement on the complaints filed by the NBI against their officials and personnel for their alleged liability in the tanker's construction and documentation.
MANILA - The National Bureau of Investigation (NBI) on Tuesday filed criminal charges against 35 individuals before the Department of Justice (DOJ) in connection with the sinking of the M/T Princess Empress off Naujan town in Oriental Mindoro province on Feb. 28.
The NBI - Environmental Crime Division slapped perjury and falsification charges against the vessel’s owners, officials and incorporators of the oil tanker and owner RDC Reield Marine Services.
Earlier NBI and police investigation indicated the oil tanker was rebuilt using scrap materials.
The Maritime Industry Authority (MARINA) previously said it has found probable cause to file charges against RDC Reield and issued two cease and desist orders for the firm’s Certificate of Public Convenience and its remaining three
vessels.
RDC Reield Marine maintained that M/T Princess Empress was a new vessel that fully complied with MARINA guidelines.
The oil tanker was en route to Iloilo to transport 900,000 liters of industrial fuel oil from SL Gas Harbor Terminal in Limay town, Bataan province when it submerged before daybreak, reportedly due to rough sea condition.
A recent update from the Office of Civil Defense said out of the 79.33 kilometers (83.74 percent) of affected coastlines, some 66.433 km have been
cleaned.
The National Task Force on Oil Spill Management said the ongoing final phase of the siphoning of the oil spill may take 20 to 30 days.
The oil spill has left PHP58,137,124 worth of damage and losses to fisheries, affected more than 27,500 fisherfolk, and caused 15 local government units to
declare a state of calamity.
More than 42,400 families from 107 affected areas in the provinces of Oriental Mindoro, Palawan, Antique and Batangas have been given various forms of assistance.
The Department of Social Welfare and Development said it has distributed more than PHP611 million worth of assistance like family food packs, nonfood items, emergency cash transfers, and cash-for-work in affected communities. (PNA)
Metro Manila (CNN Philippines, June 6) - The Department of Justice (DOJ) on Tuesday received criminal complaints against 35 respondents from the Maritime Industry Authority (Marina), the Philippine Coast Guard (PCG), and the owners of the MT Princess Empress in relation to the oil spill in Oriental Mindoro and
other areas.
Among the respondents facing complaints for falsification of public documents, use of falsified documents, and perjury are seven incorporators and directors of the oil tanker's owner RDC Reield Services Inc. (RDC), six crew members, and 19
coast guards of different ranks.
The DOJ said Marina officials are also facing complaints over their alleged involvement in the falsification of certificates.
"Peke yung certificate of public convenience ng MT Princess Empress," DOJ spokesperson Mico Clavano said in a press briefing. "Nalaman natin na falsified yung mga documents. May mga sinubmit yung RDC na documents na wala sa record."
[Translation: The certificate of public convenience of MT Princess Empress is fake. We found out that the documents were falsified. There were documents submitted by the RDC that were not on record.]
Other allegedly falsified documents were certificates on construction, tonnage measurement, ownership, and Philippine registry, according to the DOJ official
Clavano said Marina and RDC officials "conspired for the purpose of illegally registering the MT Princess Empress with false documents."
"The captains of the vessel are liable as they are considered as general agents of the ship owner. The PCG is liable as they conduct pre-departure inspections for domestic oil tankers prior to voyage. And first and foremost on their checklist is to check the validity of the CPC," he added.
The CPC is an authorization issued to a domestic water transport service provider to operate a vessel for commercial or public use, for which no
franchise is required by law.
Clavano further pointed out that the MT Princess Empress sailed 18 times since December last year until it ran aground Naujan, Oriental Mindoro on Feb. 28.
"Every voyage of the vessel is considered one count of the falsified document,"
he said.
The complaint was lodged by the National Bureau of Investigation Environmental Crime Division, along with Pola Mayor Jennifer Cruz, following the conclusion of the probe into those responsible for the sinking of the oil tanker that carried 900,000 liters of industrial oil.
The DOJ said environmental and graft cases may be filed "in a few weeks."
PCG, RDC respond
The Coast Guard only accepted the documents submitted to them by the shipping company, PCG spokesperson Rear Admiral Armand Balilo argued.
"Meron tayong presumption of regularity, kami naman ginawa lang namin ang dapat gawin under the circumstances [We have a presumption of regularity, we just did what we had to do under the circumstances]," he told the media.
Balilo said they will wait for the official copy of the complaint before they
could further comment.
Meanwhile, RDC maintained that the MT Princess Empress is a "newly built vessel that fully complies with all the requirements and procedures" set by Marina.
"We will let the facts and our evidences speak for themselves in due time," it said in a statement.
MANILA - The Maritime Industry Authority (MARINA) is investigating several staff members for possible administrative liability regarding the incident involving the MT Princess Empress, based on the fact-finding team’s report.
The report was forwarded to the Department of Transportation (DOTr) and the MARINA Anti-Graft and Corruption Committee.
This came after the revocation by MARINA - National Capital Region of the Certificate of Public Convenience (CPC) of RDC Reield Marine Services, Inc. (RDC), the shipping company that owns and operates the MT Princess Empress, the tanker that has caused a massive oil spill in Oriental Mindoro and nearby areas.
During a media briefing on Friday, MARINA spokesperson and Legal Service Director Sharon Aledo said the maritime authority is in the process of investigating personnel for alleged administrative violations in the issuance of related statutory certificates to MT Princess Empress.
“We will look into the alleged violations, pagdating po doon sa naging construction niya hanggang sa issuance po ng statutory certificates (from the construction to the issuance of statutory certificates), including registration and safety certificates and it will follow a process,” Aledo said.
The agency added that if RDC fails to appeal within 15 days from the May 11 revocation, the decision becomes final and immediately executory, which means “magiging final po ‘yung revocation ng CPC (the CPC revocation becomes final),” she said.
The shipping company still cannot operate as the cease-and-desist order is in effect, Aledo said, adding that aside from the CPC revocation, RDC would be slapped with a PHP100,000 fine once the decision is final and executory, for operating without the necessary authority.
The MARINA investigation complies with Transportation Secretary Jaime Bautista’s directive of accountability, with the DOTr’s policy of zero tolerance for shortcuts, official negligence, and disregard of rules. (PNA)
The result of the investigation into the construction of the MT Princess Empress could be released this month, Maritime Industry Authority (MARINA) administrator Hernani Fabia said on Tuesday.
At a Palace press briefing, Fabia was asked for updates on the fact-finding team's probe into the construction of the ill-fated vessel.
"We have created the fact-finding team to do that, until now they have not reported... They have also to visit the shipyards that supposedly constructed them. So we have to validate, validate," said Fabia.
"Maybe middle of this month or late this month. We will have the result of the fact-finding team," he added.
On February 28, the MT Princess Empress sank off Naujan while carrying 900,000 liters of industrial fuel. Aside from Oriental Mindoro, the oil spill has also reached nearby provinces like Antique, Palawan, and Batangas.
According to Justice Secretary Jesus Crispin Remulla, the MT Princess Empress was so old that it had already been scrapped, contrary to claims that it was a new vessel.
Meanwhile, MARINA already filed formal administrative complaints against the owner of the vessel. —VAL, GMA Integrated News.
MANILA - The Maritime Industry Authority (Marina) on Tuesday said it might release this month the findings of a committee that looked into the construction of the sunken MT Princess Empress, which leaked thick oil into waters off Oriental Mindoro.
The fact-finding committee is validating reports that the tanker was a repurposed scrap ship, the Marina earlier said.
The panel went to Sorsogon, Bicol, Metro Manila, and Batangas to "visit the shipyards that supposedly constructed" the ship, said Marina Administrator Hernani Fabia.
"Maybe middle of this month or late this month, we will have the result of the fact-finding team," Fabia told Palace reporters.
"I would suggest we have to wait," he added, when asked if currently available information could help the fact-finding panel.
"There are so many information not verified. I do not want to add to more misinformation," the official said.
Fabia earlier said that based on their records, the ship was a "new construction."
But citing witness statements, Justice Secretary Boying Remulla had said the ship was rebuilt from scrap. Sen. Risa Hontiveros also alleged that the tanker was 50 years old and had not bee refurbished according to standards.
The results of the Marina investigation will be submitted to the National Bureau of Investigation (NBI).
Marina earlier issued two cease and desist orders against the remaining vessels of the company that owns MT Princess Empress.
The agency is inspecting the company's remaining vessels to check their compliance with regulations, Marina Enforcement Service (ES) Director Ronald Bandalaria said last week.
On April 4, maritime authorities found probable cause to file administrative charges against the owner of the ship, which was carrying 800,000 liters of industrial fuel oil when it went down in rough seas in late February.
Metro Manila (CNN Philippines, April 11) - The findings of investigators on the construction of the sunken MT Princess Empress may be released this month, according to Maritime Industry Authority (MARINA) Administrator Hernani Fabia.
"We have created a fact-finding team. Up until now, they have not yet reported," Fabia told reporters on Tuesday. "Maybe in the middle of this month or late of this month, we'll have the result of the fact-finding team."
Fabia said the fact-finding team also went to the shipyard that supposedly constructed the tanker.
"We have to validate [since] there are so many information that are not verified." he added.
Based on MARINA's records, Fabia earlier said the tanker was newly constructed.
However, Justice Secretary Jesus Crispin Remulla had claimed that MT Princess Empress was a "rebuilt scrap ship."
Owned by RDC Reeled Marine Services Inc., MT Empress Princess sank off Oriental Mindoro on Feb. 28 while carrying 800,000 liters of industrial fuel — causing a massive oil spill.
According to the Oriental Mindoro Provincial Disaster Risk Reduction and Management Office (PDRRMO), 143 barangays and 121,292 individuals were affected by the oil spill.
THE Maritime Industry Authority (Marina) has pressed administrative charges against the owner of the MT Princess Empress, the tanker that caused a massive oil spill in the province of Oriental
Mindoro and nearby coastal areas.
Marina Director Ronald Bandalaria said during a press briefing there is "probable cause" to sue RDC Reield Marine Services Inc., for unauthorized operations due to the absence of a valid Certificate of Public Conveyance (CPC).
Bandalaria said that during the preliminary hearing last March 17, Marina discovered that RDC Reield "still chose to operate the subject ship, and this they had done not only once but nine (9) times."
Operating a ship in domestic trade without a valid CPC is a violation of Section 16, Chapter VI of Republic Act 9295, which promotes the "development of Philippine domestic shipping, shipbuilding, and ship repair and ship breaking..."
"This prohibition is likewise reflected in Section 7, Rule Ill of the 2014 Amendments which requires that the CPC shall be amended in case a ship is to be added or removed from the shipowners/operators' CPC," Marina stated.
The Princess Empress sank on February 28 off Naujan town while carrying around 800,000 liters of industrial fuel.
As of April 4, a total of 4,706 sacks and 22 drums of oil waste have been collected from the coastline of 13 barangay in Naujan, Bulalacao and Pola.
The oil spill is considered to be one of the country's worst maritime environment disasters.
The Philippine Coast Guard (PCG) said it has collected 16,000 liters of oily water mixture from oil spill-affected areas.
In a statement it issued, Marina said it "remains committed to ensuring that all maritime companies operate within the law," and the filing of charges against RDC Reield Marine Services "is a demonstration of the agency's resolve to enforce regulations to promote the safety of the maritime industry."
The owner of the sunken Princess Empress product tanker will likely face criminal charges in the Philippines.
The ship went down in stormy conditions off the island of Mindoro at the end of February, its cargo of more 800,000 litres of industrial fuel oil then gradually seeping into the sea in the worst oil spill to hit the Southeast Asian archipelago since 2006.
The Maritime Industry Authority (MARINA) said it has found probable cause for the filing of administrative charges against the owner , Manila-based RDC Reield Marine Services, for its failure to have the right paperwork in order to sail. A senate hearing also heard that the ship had travelled on nine previous voyages without the right paperwork.
“We are determined to make sure that people do not forget that what happened was a crime and not an accident. It was a crime,” Justice Secretary Jesus Crispin Remulla told local media on Tuesday.
The Princess Empress was found three weeks ago by a Japanese remotely operated underwater vehicle, at a depth of nearly 400 m. The vehicle has since managed to wrap some bags around some of the leaking parts of the tanker.
Oil has been found as far away as the western island of Palawan, more than 350 km from where the tanker went down.
Some oil has also drifted north to the Verde Island Passage, between Mindoro and the Philippines’ main island of Luzon, an area highly prized for its rich marine bioversity.
The ship’s history has been brought into question. While shipping database Equasis lists the locally flagged Princess Empress as being built in 2022, the country’s justice secretary has said the vessel was in fact very old, a candidate for scrapping, that had been modified twice, including a period where it traded as an LPG carrier.
Records showed that the sunken vessel was built in Bataan by Reyeld Townsite Shipyard Corp., which is also owned and operated by RDC Reield Marine Services.
However, questions were raised on why a ship built in Bataan with the owner based in Mandaluyong City was registered in Marina-Legazpi City, but the CPC was processed in Marina-NCR.
ASIDE from lacking a permit to operate in the form of a certificate of public convenience (CPC), the certificate of Philippine registry (CPR) of the oil tanker MT Princess Empress that sank off the coast of Naujan, Oriental Mindoro also appeared spurious.
A copy of the vessel's CPR showed that the documentary stamp was dated "08/17/2020" or Aug. 17, 2020, while the issuance of the CPR was dated Sept. 23, 2022.
Both CPR and CPC are issued by the Maritime Industry Authority (Marina).
All ships of domestic ownership plying Philippine waters, regardless of size and utilization, must be properly registered and issued a CPR.
A CPC, on the other hand, is issued to a water transport service provider to operate a vessel for commercial or public use, for which no franchise, either municipal or legislative, is required by law.
MT Princess Empress was carrying 800,000 liters of industrial fuel when it capsized off the coast of Naujan, Oriental Mindoro on Feb. 28, 2023.
It caused a massive oil spill that spread to other coastal towns of Mindoro island and nearby areas.
Latest satellite images from the US National Oceanic and Atmospheric Administration showed that the oil emanating from the sunken oil tanker may have reached Coron, Palawan.
During a Senate committee investigation last month, Marina said MT Princess Empress has no permit to operate.
This was contradicted by a document posted by the Philippine Coast Guard (PCG) on social media.
The document showed that the oil tanker had a CPC approved by Marina in its Nov. 16, 2022 decision.
The PCG later said it was investigating the authenticity of the document, which the vessel used in its operations till the day it sank.
Marina-National Capital Region (Metro Manila) Regional Director Marc Anthony Pascua has also questioned the authenticity of the PCG document, saying he had not signed an amended CPC in favor of MT Princess Empress owner RDC Reield Marine Services.
Pascua also said RDC Reield Marine Services only has a "screened application" for the amendment of its CPC because the vessel owner still needs to complete the documentary requirements in its application to amend its CPC.
Records showed that the sunken vessel was built in Bataan by Reyeld Townsite Shipyard Corp., which is also owned and operated by RDC Reield Marine Services.
However, questions were raised on why a ship built in Bataan with the owner based in Mandaluyong City was registered in Marina-Legazpi City, but the CPC was processed in Marina-NCR.
The confusion over the CPC has prompted the Department of Transportation, Marina's mother agency, to investigate the matter.
As a result of the incident, Marina issued a suspension order against RDC Reield Marine Services.
Authorities are yet to contain the oil spill that has affected the livelihood of communities on Mindoro island, Batangas, and other nearby areas.
MANILA — The Maritime Industry Authority (Marina) has created a fact-finding committee on the sinking of MT Princess Empress causing a massive oil spill in Oriental Mindoro, an official said Wednesday.
Ronald Bandalaria, the agency's director, said they have created a committee to verify the claim that the ship was newly constructed.
Marina administrator Hernani Fabia earlier said that based on their records, the ship was a "new construction." The results of their investigation will be submitted to the National Bureau of Investigation (NBI).
"Tinitingnan po ng Marina ang bagay na iyan," Bandalaria said in a televised briefing.
"Actually, mayroon pong binuong fact-finding committee ang MARINA para po tingnan ang mga lumalabas pong usapin tungkol po diyan sa kung bago o hindi. Kaya po hintayin na lang natin ang magiging resulta ng fact finding committee," he added.
The agency earlier issued two cease and desist orders against the remaining vessels of RDC Reield Marine Services, the company that owns MT Princess Empress.
Bandelaria said they are inspecting thoroughly the company's remaining vessels to check their compliance with regulations.
If proven that the company committed violations, the official said they could cancel or revoke their Certificate of Public Convenience and impose administrative fines and penalties.
The cancelation of such certificate, he noted, means the firm would not be able to operate their vessels at all.
"Ongoing din po ang proseso ng administrative cases ng naturang kompanya. Hindi din po natin masabi kung hanggang kailan ang magiging closure order," he said.
"Kasama rin sa show cause order ng MARINA na pinagpapaliwanag ang marine surveying company, ang shipyard at ang local class society po. Ito po ay bahagi ng ating administrative procedures sa MARINA," he added.
Officials and experts have yet to seal MT Princess Empress' shipwreck, which was carrying 800,000 liters of industrial fuel oil when it went down in rough seas late February.
More than 2,500 hectares of coral reefs, mangroves, and seaweed could be affected by the spill, the environment department said previously.
Dozens of people have also fallen ill in Oriental Mindoro after oil washed up on their shores, the provincial government said.
MANILA, Philippines – The sinking of the oil tanker MT Princes Empress in Oriental Mindoro in February that caused a massive oil spill was a “crime” and not an accident, the Department of Justice (DOJ) chief said on Tuesday, April 4.
“As we have discussed in the DOJ, this will not be a time for the people to say na walang kaso ito (there will be no cases) – there will be cases filed. And we are determined to make sure that people do not forget that what happened was a crime, and not an accident. It was a crime,” Justice Secretary Jesus Crispin Remulla said.
During a meeting with other government agencies on the oil spill, Justice Undersecretary Raul Vasquez echoed Remulla’s statement, adding that the oil spill is a crime against the environment.
“This is a crime against the future of our children, environmental crime ito and we are treating it as such. Kaya nga (That’s why) we’re trying as much as possible to avoid using the word accident dito. Because ‘pag ginamit mong accident ‘yan, magiging (because if you use the word accident, it would be) negligent act lang ‘yan and we would be effectively making a conclusion that is not based on evidence,” Vasquez said.
The International Oil Pollution Compensation Funds (IOPC Funds) and the Shipowners’ P&I Club, the liability insurer of the sunken Princess Empress, have decided to open a claims submission office in Oriental Mindoro in the Philippines to facilitate the submission of thousands of claims for compensation.
The Philippines is a party to both the 1992 Civil Liability Convention (CLC) and the 1992 Fund Convention. IOPC Funds said that it had been following developments and working closely with the club and the government of the Philippines since the product tanker sank with a cargo of industrial fuel oil then spilling into the seas around the centre of the Southeast Asian country. Thus far, an estimated 175,000 people have been affected by the spill, with plenty more fuel gushing from the ship’s ruptured tanks every day. Thousands of fishermen remain subject to an ongoing fishing ban.
IOPC Funds said that, given the latest information reported, claims relating to this incident might exceed the limit of liability of the insurer under the 1992 CLC. It was therefore possible that the 1992 Fund would be called upon to pay compensation.
The insurers have hired French oil spill response company Le Floch Depollution (LFD), which is in the process of activating resources. Japan, South Korea and the US have already provided material assistance.
The Princess Empress was found last week by a Japanese remotely operated underwater vehicle, at a depth of nearly 400 m.
It had suffered “extensive structural damage”, the Philippine Coast Guard said. Seven out of eight cargo tanks have leaked. Of those, four are already empty.
Oil has been found as far away as the western island of Palawan, more than 350 km from where the tanker went down.
Some oil has also drifted north to the Verde Island Passage, between Mindoro and the Philippines’ main island of Luzon, an area highly prized for its rich marine bioversity.
The ship’s history has been brought into question. While shipping database Equasis lists the locally flagged Princess Empress as being built in 2022, the country’s justice secretary, Jesus Crispin Remulla, has said the vessel was in fact very old, a candidate for scrapping, that had been modified twice, including a period where it traded as an LPG carrier.
Hernani Fabia, administrator of the country’s Maritime Industry Authority (Marina), said earlier this month that the ship owned by Manila-based RDC Reield Marine Services did not have a permit to operate before it headed on its fateful voyage. A senate hearing also heard that the ship had travelled on nine previous voyages without the right paperwork.
The International Oil Pollution Compensation Funds and specialty insurer Shipowners' P&I have agreed to open up a joint office in Oriental Mindoro to gather claims for compensation related to the Princess Empress fuel oil spill. The decision dispels Philippine lawmakers' concerns that the insurer would attempt to cancel coverage and avoid paying out damages because of irregularities with the vessel operator's licensing paperwork.
The small product tanker Princess Empress went down off Pola, Oriental Mindoro on February 28 with a cargo of 900,000 liters of fuel oil. The crew were rescued safely by a good samaritan vessel, but petroleum began to leak out of the wreck's cargo tanks, threatening a wide swath of the central Philippines with pollution. The spill has come ashore on beaches and reefs from Calapan and Verde Island in the northwest to the Caluya Islands in the south. Remnants of the slick have been detected as far away as Palawan, 200 nm to the southwest of the wreck site. An estimated 175,000 people have been affected, and thousands of fishermen are out of work because of an ongoing fishing ban.
Based on the extent of the spill, the damages may exceed the P&I club's limit of liability, triggering additional coverage from the IOPC Funds, the insurers said in a statement Wednesday. After discussions with all parties, the insurers have agreed to start collecting claims for compensation from affected residents beginning this week. The central claims office is located in Calapan, and smaller offices will open around the region within a few weeks.
Spill response efforts are ongoing, and more assets are joining the operation. The insurers have hired French oil spill response company Le Floch Depollution (LFD), and the firm is activating its resources now. Japan, South Korea and the United States are all providing advice and material assistance; Japan has dispatched a salvage ship with an ROV, which has conducted inspections of the Princess Empress' wreck site. An American-chartered ship, the Pacific Valkyrie, is under way with an additional ROV to join the work on site. The ultimate objective is to remediate the remaining oil aboard the tanker and limit further pollution.
According to the Philippine Coast Guard, the ROV inspections show that Princess Empress sustained extensive damage in the sinking. Four of the vessel's eight tanks are believed to have released most or all of their contents, amounting to about 400,000 liters of fuel oil.
Many Marina workers are on job-order contracts, the source from Marina added on
the sidelines of the press briefing.
Also on Monday, former Marina chief Vice Admiral Robert Empedrad confirmed that MT Princess Empress was classified as an oil tanker by Orient Ship Registry whose accreditation as a “local classification society” had been canceled over corruption issues.
記事には「Rampant corruption」と書かれていた。Corruptionはdishonesty and illegal behaviour by people in positions of authority or power.（Collins英字辞書）で、rampant corruption 意味
汚職の横行（英和辞典）と説明されている。
Empedrad said bribery had been rampant in classifying domestic vessels so he
deferred the accreditation of all classification societies during his time after
they were canceled by his predecessor at Marina.
Orient Registry “failed to comply with standards of our Marina Circular,” Empedrad said, adding that Marina took on the job of doing the actual
inspection.
“We saw the need (for Marina to do the inspections) because it’s all about making money (for the classification societies) and they were not doing actual inspections,” he said in Filipino.
“That’s why so many ships were sinking, burning and passengers dying,” he added.
「Orient Ship Registry」で検索すると全く同じではないが多分同じではないかと思われる検査会社のサイトを見つけた。
Orient Register of Shipping, Inc.のサイトだ。ISOの認定を受けているようだ。もしこの会社がMARINAから承認を取り消された会社であるのなら、認定を与えた外部審査期間はどのような審査を行っていたのだろうか？ISOを認定を受けていても汚職や不正を行う事は上手くやれば、認定の継続には影響しないケースがあると証明されたケースに思える。言葉で説明するよりもスクリーンショットを見て判断する方が良いと思うので個々が判断してほしい。
一応、Orient Register of Shipping, Inc.のサイトには下記のような事が書かれていた。
Code of Ethics
All Members of Orient Register of Shipping, Inc. (ORIENT Class) shall be bound by the following Code of Ethics which we must know by heart:
Members shall, at all times, and in all their dealings, be guided by the highest standards of decency, integrity, fairness and professionalism and shall at all times endeavor to provide adequate performance of required services;
Members shall not, at any time, engage in any business transaction or occupation that is contrary to law, morals or public policy;
Members shall not engage in any activity that will jeopardize or be in conflict with the interests of ORIENT Class;
Members shall not use the name of ORIENT Class to advance their own personal interests;
Members shall always uphold the confidentiality of plans, records and any other document under the custody of ORIENT Class;
Members shall disclose to ORIENT Class and to the other members in case of conflict of interest pertaining to any matter on which the decision or opinion of a member is sought and voluntarily inhibit himself from the deliberation thereon
Members shall not engage in or encourage sensationalism; and shall avoid giving exaggerated statements concerning any matter that involves ORIENT Class.
Members will refer to and recommend recognized marine industry compliance standards and shall provide our clients/shipowners with the highest level of comprehensive and honest appraisal of the condition of their vessel.
Members of ORIENT Class have high moral standards and it is expected that everyone shall act in an ethical manner in all matters. Violation of any of the foregoing provisions shall be ground to suspend or expel a member from ORIENT Class, upon affirmative vote or majority of all the members.
This Code of Ethics is a salient part of our corporate culture that describes what brings us together as a professional classification society. It is the foundation of our shared expectations of each other.
CLASSIFICATION SERVICES
Refers to the issuance of classification certificates attesting that the structural and integrity of essential parts of the ship’s hull and its appendages, and the reliability and function of the propulsion and steering systems, power generation and those other features and auxiliary systems are in accordance with their published standard.
Survey and Certification for Classification of Ships
Before a ship can be certified, it must be surveyed in accordance with technical Rules and Regulations of ORIENT Class. Once the ship has been surveyed to the satisfaction of the surveyor, classification of the ship is reviewed by the Classification Committee of ORIENT Class and if approved, a Certificate of Classification, as appropriate, is issued and the ship is entered into ORIENT Register of Shipping Registry of Ships.
Surveys for Maintenance of Class
Ships that have been classed and certified with the ORIENT Class undergo periodic and occasional surveys to ensure that they continue to satisfy ORIENT Class technical Rules and the Requirements of Classification.
Ship Classification Related Services
Survey and Certification of ships during construction
Survey and Certification of ship installations, machinery and appliances
Survey and Inspection of ships in service for the maintenance of class
上記のサイトに「Princess Empress」が記載されているので高い確率でOrient Register of Shipping, Inc.は「Orient Ship Registry whose accreditation as a “local classification society” had been canceled over corruption issues.」で間違いないと思う。
A high-ranking official of the Maritime Industry Authority, or Marina, admitted
Monday to Daily Tribune that they lack the manpower to do regular and continuing
checks on the seaworthiness of all vessels plying Philippine waters.
“Sadly, we lack engineers to survey domestic ships. We are really, really
undermanned,” the Marina official told this paper after being assured anonymity.
The agency held a press briefing at its headquarters in Port Area, Manila
yesterday on the sunken MT Princess Empress which San Miguel Corporation
reportedly chartered to ferry 900,000 liters of oil.
Republic Act 9295, a law promoting the development of Philippine domestic
shipping, handed Marina the authority to register vessels, issue Certificates of
Public Convenience, and accredit domestic shipping operators.
In keeping the mandate, the Marina official said beyond handing CPCs, the
agency’s engineers play a critical role in checking continuously that the
vessels maintain their seaworthiness.
Marina has an automatic allocation of P25 million each year for the enhancement
of domestic shipping, including payment for the engineers, which it has not been
receiving since 2020, the official said.
Many Marina workers are on job-order contracts, the source from Marina added on
the sidelines of the press briefing.
Also on Monday, former Marina chief Vice Admiral Robert Empedrad confirmed that
MT Princess Empress was classified as an oil tanker by Orient Ship Registry
whose accreditation as a “local classification society” had been canceled over
corruption issues.
Rampant corruption
Empedrad said bribery had been rampant in classifying domestic vessels so he
deferred the accreditation of all classification societies during his time after
they were canceled by his predecessor at Marina.
Orient Registry “failed to comply with standards of our Marina Circular,”
Empedrad said, adding that Marina took on the job of doing the actual
inspection.
“We saw the need (for Marina to do the inspections) because it’s all about
making money (for the classification societies) and they were not doing actual
inspections,” he said in Filipino.
“That’s why so many ships were sinking, burning and passengers dying,” he added.
Along with other classifying societies, Orient Ship Registry filed an appeal for
their reinstatement during the last quarter of 2022, according to Marina
sources.
During the press briefing, Marina’s spokesperson, Atty. Sharon Aledo, revealed
that the agency’s mother unit, the Department of Transportation, is already
investigating whether the vessel’s CPC had been faked.
“If proven that the owner of the MT Princess Empress indeed falsified the CPC
documents, then a fine against them will be imposed, or their entire CPC can be
revoked. But as of now, the focus is on the containment of the oil spill,” she
said.
Aledo said RDC Reield Marine Services, the owner of MT Princess Empress, was
suspended from operating since 17 March.
Over the weekend, Justice Secretary Jesus Crispin “Boying” Remulla said they are
investigating possible lapses by Marina and the PCG for allowing the MT Princess
Empress to sail at least nine times reportedly without a CPC.
Remulla added that the National Bureau of Investigation is also looking at the
possibility that the big insurance paid for the ship and its cargo of oil may
have something to do with its sinking.
Aledo maintained Marina is cooperating with the DoJ probe.
Meanwhile, PCG spokesperson Rear Admiral Armand Balilo said Monday they are also
opening the agency to the DoJ probe after the Coast Guard presented the CPC of
the vessel whose authenticity was later questioned.
Marina is also an attached agency of the DoTr.
“We have also a separate investigation, but we will let other investigating
bodies probe,” Balilo said. “We are open to any investigation that will be
undertaken.”
The supposed signatory in the CPC, Marina National Capital Region chief Mark
Anthony Pascua, has denied he signed the document, noting that his first name
was even misspelled.
Ecological damage
Pascua added that he was out of the country when the CPC was supposedly signed.
He also pointed out that he was never the director of Marina’s franchising
department as stated in the CPC.
Experts warned of massive ecological damage arising from the oil spill,
including ill effects on around 24,000 hectares of coral reef.
Environmental groups, like the Protect Verde Island Passages, earlier demanded
accountability from both the ship operator and San Miguel for chartering it to
ferry oil without checking its credentials.
Over the weekend, an eight-man team from the United States arrived to help the
Philippine Coast Guard and the Japanese Coast Guard in cleaning up the vast
amount of oil seeping from the vessel.
フィリピンの内航船に関する規則について知らないし、調べていない。
Seaworthiness boils down to two things: the ability to keep water out of the hull and the stability to resist capsizing. Thus, the hull should have a certain standard of strength so that, as waves slam against it, there will be no cracks, dents, damage. And the water is kept out.
上記を確認する方法は、復原性資料の作成及び承認、そして、フィリピンの規則で要求されているのなら、船体の強度計算と承認だと思う。
どこの検査会社が検査を行ったのだろうか？Maritime Industry Authority (MARINA)：日本では海運局のような組織が検査について何も知らないようなので、民間の検査会社を承認する形になっている可能性が高い。
2006年にフィリピンで沈没したフィリピンの内航タンカーソーラー１ (SOLAR 1)は「建造後すでに５５年を経過した、
超老朽化船」と書いてある記事があったが、結局は、1988年に日本で建造された日本の内航タンカー「Chie Maru No. 8(New Hinase)」だった事が判明する。そして検査会社はフランス船級協会（private classification society Bureau Veritas）だった。この事から考えて、Maritime Industry Authority (MARINA)から承認を受けている検査会社の一つだと思う。
船齢50年の船のリビルトに気付かない検査会社及び検査官は存在するのだろうか？素人のような人間を検査官として検査を行わせていた、又は、癒着や賄賂のような不適切な理由のために検査をごまかした可能性は以上に高いと思う。
検査会社の問題で説明しているが、検査会社の承認を甘くする国は問題船を抱える結果となる可能性が非常に高いし、海難を起こす船舶が多くなる結果が高い。フィリピンはソーラー１ (SOLAR 1)の学ばなかった教訓をM/T"PRINCESS EMPRESS"で学ぶ必要があると思う。
The oil spill in the Mindoro area is a major disaster that should not have happened if the vessel carrying the oil was seaworthy. Or if the Maritime Industry Authority (Marina) were more meticulous about giving out certificates of public convenience and necessity (CPCNS) for ships. Or if the Philippine Coast Guard were more alert.
Seaworthiness boils down to two things: the ability to keep water out of the hull and the stability to resist capsizing. Thus, the hull should have a certain standard of strength so that, as waves slam against it, there will be no cracks, dents, damage. And the water is kept out.
Another test for seaworthiness is the inclining test, which should show that if the vessel is really seaworthy, putting pressure or weight on it in certain parts or all parts will not destabilize it or cause it to capsize.
All of the above are part of the formidable demands that the Marina requires from vessels seeking registry. That includes complete sets of plans with everything from electrical to fire fighting equipment, sections, lines, offsets, piping. And so on.
And if built or rebuilt by a local shipyard, this company must be accredited to Marina.
The RDC Reieid Marine Service, the owner of the MT Princess Empress, the vessel in question, claims it is a new ship. But Justice Secretary Jesus Crispin "Boying" Remulla has said it is not a new ship but had been rebuilt as a tanker from something else, maybe a barge that was so old it had already been scrapped.
RDC Reieid claims that because of heavy waves the engines of the MT Princess Empress overheated and therefore it lost propulsion. So, it capsized. But that seems to show it had no stability because even without engines a ship should be able to float. Moreover, no one reported a storm of unusual wave heights off Cape Naujan, Mindoro, where it says it encountered adverse weather conditions.
So, we are left with many guesses. Did Marina give a certificate of public convenience or not? The ship has one, but Marina now says it is spurious. Yet the vessel has sailed nine times. The Philippine Coast Guard must have come across it in these times. It seemed to have sailed on without being bothered.
Obviously there is an encompassing irregularity that has brought disaster on the environment, the people in the environment, and the quality of the sea.
Did the entity that chartered this vessel, San Miguel Shipping (of mighty corporate fame and wealth) bother to check its seaworthiness? Or, was RDC Reieid a favored party that was given the job without checking whether it could do it? San Miguel Shipping cannot be an innocent party here. They claim clout, so they should have checked the seaworthiness of the vessel carrying costly cargo.
Moreover, Reieid Marine Service being a small ship repair yard does not seem to have the means to insure the vessel or pay the financial costs of the damage. It seems irresponsible on the part of San Miguel Shipping to have chartered it under these circumstances.
There are a lot of questions here that seem to indicate a kingdom of dark deeds for which others are now paying for their mistakes or rather deliberate sins.
Marina has a lot to explain. So does RDC Reieid and so does San Miguel Shipping. And where was the Philippine Coast Guard?
MANILA - The owners of MT Princess Empress have presented themselves to the National Bureau of Investigation.
The officers of RDC Reield Marine Services, which owns the ship, were issued a subpoena last week.
The NBI based their subpoena on the Securities and Exchange Commission records of RDC Reield Marine Services, which shows that the company is owned by the Cabial family.
The NBI talked to Reymundo Cabial, owner of RDC Reield Marine Services, and his lawyers for almost two hours.
He refused to answer questions from the media, including queries about the structure of their ship MT Princess Empress.
The management of SL Harbor Bulk Terminal Corp. was also subpoenaed by the NBI.
They were identified as the company that chartered RDC Reield Marine Services in using MT Princess Empress. They also refused to answer questions.
Authorities earlier ordered a halt to the operations of RDC Reield Marine Services.
Defense Senior Undersecretary Carlito Galvez Jr. on Sunday said a total of 10,206 liters of oil waste and oily water, and 72,643 kilos of oil contaminated debris were collected in the shoreline clean-up operations.
The oil spill has affected various areas in the Mimaropa region and in Western Visayas.
ROVからの画像と会見での一般配置図の画像を見ると確実に船齢約50年と思われる改造まえの「DOROTHY UNO」が改造された船だと個人的に思うが、Maritime Industry Authority (MARINA)：日本では海運局のような組織は未だに2022年に建造された新造船だと言っているようだ。
Remulla: MT Princess Empress ‘a rebuilt scrap’, not meant to be a tanker 03/15/23 (GMA News ONLINE)
「DOROTHY UNO」で検索すると上記の船が見つかった。
Authorities find at least 23 holes in sunken tanker off Oriental Mindoro | ANC
MANILA, Philippines–The Maritime Industry Authority (Marina) on Thursday said it had issued a cease and desist order against the owner of the sunken MT Princess Empress oil tanker.
Marina Administrator Hernani Fabia said that covered by the cease and desist order on RDC Reield Marine Services include the cancellation of the firm’s certificate of public convenience, also affecting its remaining three vessels–two tankers and a passenger vessel.
“We issued two cease and desist orders, one is for purposes of cancellation of the franchise or the certificate of public convenience and the other one is to cease and desist in the operations, pending investigation and inspections,” Fabia told reporters in an ambush interview at the Department of Justice after he attended the meeting of the Oil Spill Inter-Agency Committee.
Fabia said the cease and desist order would stay pending investigation regarding the February 28 sinking of MT Princess Empress off the waters of Naujan, Oriental Mindoro, while carrying around 900,000 liters of industrial fuels. The oil spill is now threatening southern Luzon’s ecosystem and coastal communities.
The Maritime Industry Authority (MARINA) on Thursday said it has issued cease and desist orders against RDC Reield Marine Services, the company that owns the sunken MT Princess Empress.
MARINA Administrator Hernani Fabia said that the agency issued two cease and desist orders for the company’s Certificate of Public Convenience (CPC) and its remaining three vessels, of which two are tankers and one is a passenger vessel.
“One is for purposes ng cancellation of the franchise or the CPC, the other one is to cease and desist in the operations,” Fabia said in an ambush interview following the meeting of the Oil Spill Inter-Agency Committee at the Department of Justice.
He said the cease and desist order will remain effective pending the result of the investigation into the oil spill.
The MT Princess Empress sank on February 28 off Najuan, Oriental Mindoro while carrying 900,000 liters of industrial fuel, affecting almost a hundred thousand residents in the province.
"Newly constructed"
According to Justice Secretary Jesus Crispin Remulla, the tanker was so old that it had already been scrapped, contrary to claims that it was a new vessel. He said the MT Princess Empress was not built to be a tanker from the beginning.
Fabia, however, said this was not true based on their records.
“Ah, sa bago yan, it’s newly-constructed. Hindi new ha? Newly constructed,” he said.
(This is not new, it’s newly constructed. It’s not new. Newly-constructed.)
“Eh, kung bumili ka ano na yan, yung new ibig sabihin it’s being— ano na existing. Pero ito naman newly-constructed, new from scratch,” he later added.
(If you buy it, new means it’s already existing. But this is newly constructed, new from scratch.)
When sought for comment, Remulla said there are six witnesses saying otherwise.
“Well, that is their allegation now, that is their claim, but we will look into it because there are claims otherwise. We will have to weigh the statements of the other witnesses,” Remulla said in a separate ambush interview.
Fines
Meanwhile, during the meeting, Environment Undersecretary Ignatius Rodriguez said initial calculations show that an administrative fine amounting to P471,000 per day from March 1 until the oil spill is resolved may be imposed on RDC.
He said this is because eight out of 10 samples examined by the Department of Environment and Natural Resources showed contamination.
Rodriguez said they are still collecting more samples.
The meeting was attended by Remulla, Justice Undersecretary and Committee head Raul Vasquez, Defense Secretary Carlito Galvez, MARINA administrator Fabia, Transportation Secretary Jaime Bautista, Coast Guard Admiral Artemio Abu, Relly Garcia of the Bureau of Fisheries and Aquatic Resources, and others.
GMA News Online has sought the comment of the RDC, but it has yet to reply as of posting time.
ROVs
Meanwhile, Remulla said the government is looking into the possible procurement of ROV services for the cleanup of the oil spill.
“We’re finalizing the study. Hopefully, we’ll get something by tomorrow kung kaya natin i-procure ito. Legally on an emergency basis. It’s a little touchy because of what happened in the vaccine,” he said.
“Pero ito kasi, there’s no turning back eh, talagang wala tayong magagawa na. (We can't do anything about it anymore.) We’ve been very patient but we just have to wait for it. We just have to cross the rubicon now on whether we can procure on an emergency basis as soon as possible time,” he added.
When asked how much the service will cost, Remulla said it may initially cost the government P120 million.
He said the services are being procured by a “specialist group.”
“Ang sabi ko lang (I said), we can always get the reimbursement from the people who should be paying for it, because this is a necessary thing that will not last forever. Either we do it now or we never do it,” he said.
He said the United States Coast Guard Navy has discussed with the Department of National Defense about possibly helping in the cleanup.
Meanwhile, Remulla said he wants all agencies to have ROVs in the future.
“Pinaguusapan namin kanina (We talked about it), the other agencies, all of us should have ROVs in the near future. Kasi nung araw yung (Back in the day) [having] drone was a pipe dream but now everybody has a drone,” he said. —VAL, GMA Integrated News
Metro Manila (CNN Philippines, March 22) — There was "clear misrepresentation" on the documents of sunken MT Princess Empress which allowed the oil tanker to operate, the Philippine Coast Guard (PCG) said on Wednesday.
"Ang lumalabas dahil may denial ang Marina, ay lumalabas na fake talaga siya. Ngayon ang sa amin sa coast guard, we relied on that document so many times na binibigay sa amin nung second mate na umaaktong master nung vessel. Clearly, may misrepresentation dito at meron dapat managot," PCG spokesperson Armand Balilo told CNN Philippines.
[Translation: It appears that because Marina (Maritime Industry Authority) has denied it, it seems the document is indeed fake. We at the coast guard relied on that document shown to us so many times by the second mate, who was acting as the vessel's master. Clearly, there was misrepresentation here and someone should be held accountable.]
On Monday, a Marina official said those found to have taken part in falsifying the documents of the oil tanker will face fines and sanctions, among others.
Senators in an inquiry cited a report from Marina which stated that the vessel "has no authority to operate in the form of an amendment to its certificate of public convenience."
The PCG denied it allowed the tanker that caused the oil spill in Oriental Mindoro to operate without a permit, as it presented a document to rebut the claim during the same hearing.
In an interview with CNN Philippines’ Balitaan, Balilo said the ship owner, as well as its master, should be made to explain what transpired.
Next step in clean-up efforts
Meanwhile, the PCG said plugging the hole in the sunken tanker to stop the oil leak is the next step in the clean-up.
"Dahil meron nang survey at nakakita na ng image kung saan pwede nang pag-aralan ng mabuti nung pag-plug, at eventually yung pagkuha o pag-siphon ng langis," said Balilo.
[Translation: Because a survey has already been made and images have shown where and how the plugging can be done, eventually the siphoning of the oil will happen as well.]
He added that the remotely operated vehicle (ROV) which was used to take images of the vessel was not capable of siphoning off the remaining oil.
"Yung pag-siphon kasi hindi kasama sa unang plano at kapabilidad nung nilubog na ROV at kailangan magkaroon pa ng isa pang equipment para sa pagkuha nung langis," he explained.
[Translation: Siphoning was not part of the original plan and the ROV is not capable of doing that. We will have to use other equipment to retrieve the oil.]
Balilo said clean-up efforts will remain a priority, as the investigation into the tanker sinking proceeds.
Metro Manila (CNN Philippines, March 21) — The MT Princess Empress, which sank off Oriental Mindoro three weeks ago causing a massive oil spill, has been spotted, Governor Humerlito "Bonz" Dolor said on Tuesday.
Dolor made the announcement in a social media post showing a photo of the oil tanker, which was found through a remotely operated vehicle (ROV) from Japan.
“Sa wakas, natagpuan na ang MT Princess Empress! Ang unang sulyap sa lumubog na barko gamit ang ROV (lulan ng Japanese vessel na sinalubong natin kahapon at inihatid sa lugar na pinangyarihan ng trahedya),” the governor wrote, referring to Japanese salvage vessel Shin Nichi Maru.
[Translation: Finally, the MT Princess Empress has been found! Here’s the first glimpse of the sunken ship using an ROV, which was on board the Japanese vessel we welcomed yesterday and brought to the area of the incident.]
On March 6, authorities announced locating the tanker 7.5 nautical miles from Balingawan Point, facing the town of Pola in Oriental Mindoro, although the ship itself hasn't been sighted at the time.
In a press briefing, Dolor reported that the earlier identified location is the same area where the ship was seen.
He said experts are now assessing the vessel, including if there are holes that have to be covered. An official report is expected in a few days, Dolor added.
MT Princess Empress was initially reported to have been transporting 800,000 liters of industrial oil when it capsized and sank near Naujan town on Feb. 28.
The Philippine Coast Guard later corrected this in a radio interview, saying the ship was carrying 900,000 liters of oil.
Meanwhile, Defense chief Carlito Galvez, Jr. confirmed on Tuesday that the United States will join Japan in helping in cleanup efforts by deploying naval units.
In a separate statement, the US government also reported that eight of its experts already arrived in Pola, Oriental Mindoro to assist in response operations.
Galvez added that the Philippines will continue to seek the expertise and technical support of other nations, such as France and the United Kingdom, in containing the oil spill.
The tanker was found by a Japanese remotely operated underwater vehicle (ROV), Oriental Mindoro Governor Humerlito Dolor told reporters.
A leaking oil tanker that sank in the Philippines three weeks ago has been found, officials said Tuesday, as the slick reached waters known for their rich marine life.
The Princess Empress was carrying 800,000 litres (210,000 gallons) of industrial fuel oil when it sank on February 28 off the central island of Mindoro, south of the capital Manila.
Diesel fuel and thick oil from the vessel have since contaminated the waters and beaches of Oriental Mindoro province and other islands.
The tanker was found by a Japanese remotely operated underwater vehicle (ROV), Oriental Mindoro Governor Humerlito Dolor told reporters.
It is nearly 400 metres (1,300 feet) below the waves.
Dolor said he received the first photos showing the exact location of the vessel on Tuesday morning.
The national disaster agency said the ROV would assess the hull's condition before a decision was made about how to "control the spill from its source".
The Philippines has sought assistance from several countries, including Japan, the United States and France, to help contain and clean up the slick.
Thousands of hectares of coral reefs, mangroves and seaweed could be affected, officials have said.
Oil spill booms made out of hay, human hair and other materials have been deployed to try to protect coastal waters that people in the fishing and tourism industries rely on for their livelihoods.
Oil has been spotted as far away as Casian Island, off the north coast of the western island of Palawan, about 350 kilometres (220 miles) southwest of where the tanker sank.
As feared, oil has also drifted north to the Verde Island Passage -- a busy sea lane between Mindoro and the Philippines' main island of Luzon.
Environment Secretary Maria Antonia Loyzaga said previously that the area was "globally recognised" for its marine biodiversity.
The Philippine Coast Guard said clean-up operations on Monday removed oil from the shores of three villages on Verde Island, which is popular with divers.
Oil also has been spotted further along the passage at Tingloy municipality on Maricaban Island, part of Batangas province.
Residents and coast guard personnel have been removing oil-coated seaweed and other debris from affected areas.
Tens of thousands of people have been affected by the spill, with scores falling ill. The government is distributing food packs and other assistance.
Among the hardest hit are fishermen, who have been ordered to stay on shore until they can fish safely.
jae-amj/smw
The Barron's news department was not involved in the creation of the content above. This story was produced by AFP. For more information go to AFP.com.
MANILA - The Philippine Coast Guard (PCG) on Tuesday said it had no hand in checking if the sunken motor tanker Princess Empress was a 'scrap ship,' a day after a lawmaker said the vessel responsible for the massive Mindoro oil spill was not up to standards.
Sen. Risa Hontiveros on Monday said the PCG and the Maritime Industry Authority (Marina) should be held accountable for allowing MT Princess Empress to sail. The opposition lawmaker alleged that the tanker was 50 years old and had not bee refurbished according to standards.
“Wala kaming hand doon sa, alam mo, sa pagbi-build ng barko at yung pagpapayag dito,” said PCG spokesperson Rear Admiral Armand Balilo.
“Ang sa amin ay pagki-clear pagka sila’y magse-sail na ‘no, at pagka pumunta sa mga stations,” he added.
(We have no hand in the building of a ship or allowing a ship to be built. We're in charge of clearing it to sail and when it goes to the stations.)
But Balilo stressed that the PCG was willing to face any probe regarding the incident.
“Kung meron information na makakatulong, tayo naman po ay open sa ganyan,” he said.
(If we have information that can help, of course we are open to that.)
The official said the owner of the tanker was able to show them a certificate of public convenience (CPC).
A CPC is a franchise that grants permission to operate in certain public activities.
“Dahil Marina ito galing, nagpi-presume kami ng regularity... Nakakalayag na yung barko eh. Ang iniisip namin dito may prangkisa ito, at saka may ibang dokumento pa bukod dito, na magsasabi na legit itong operations nila,” Balilo said.
(Because it came from Marina, we presumed regularity. The fact is the ship has been sailing. We thought it had a franchise and other documents proving its operations were legitimate.)
“Ngayon kung ito’y fake, eh dapat ipa-explain natin yung may-ari at papanagutin natin bakit nila ginagamit itong dokumento na ito,” he stressed.
(Now, if they were using fake documents, the owners must be made to explain.)
Marina has since denied issuing the permit that allowed the MT Princess Empress to set sail before it capsized while carrying 800,000 liters of industrial fuel oil.
The submerged tanker is believed to be about 400 meters below the waves.
More than 2,500 hectares of coral reefs, mangroves and seaweed could be affected by the spill, the environment department said previously.
It is not known how much diesel and oil have leaked into the water.
Thousands of fishermen have been ordered to stay on shore until they can fish safely, and swimming is also banned.
- With a report from Agence France-Presse
Maritime Industry Authority (MARINA)：日本では海運局のような組織が書類を発給していないと声明している以上、内部の職員が賄賂をもらって公文書偽造の可能か、外部の人間が公文書偽造を行ったと言う事だと思う。
現在、The Department of Transportation（運輸局）が調査中だと言う事だが、油汚染に繋がった公文書偽造なので刑事事件だと思うが、民事で莫大な被害請求がくる可能性は高い。
MANILA, Philippines - The Maritime Industry Authority (MARINA) on Monday reiterated that it did not issue an amendment to the certificate of public convenience (CPC) of the owner of MT Princess Empress to include the sunken tanker in its fleet.
At a Senate panel inquiry last March 13, MARINA said that the tanker had no permit to operate in the form of an amendment to its CPC. But hours later, the Philippine Coast Guard posted on social media a document - a November 16, 2022 decision by the Marina - showing that MT Princess Empress had an approved CPC.
A CPC is issued by the MARINA to a domestic water transport service provider to operate a vessel for commercial or public use, for which no franchise, either municipal or legislative, is required by law.
The Coast Guard, on the following day, said it is investigating the authenticity of the document presented to its personnel, which allowed the vessel to sail at least four times before it sank off Oriental Mindoro and leaked oil into the sea.
But in a briefing on Monday, MARINA-National Capital Region regional director Marc Anthony Pascua denied signing an amended CPC.
“That is not authentic so to speak because we did not issue a CPC amendment. At the same time, I never signed any amended CPC for that matter,” Pascua said.
He added that RDC Reield Marine Service, which owns MT Princess Empress, only has “screened application” for the amendment of its CPC.
MARINA legal service director Sharon Aledo also said that the vessel owner was still lacking documents in its application to amend its CPC.
The Department of Transportation is investigating the questionable CPC. MARINA, an agency under the DOTr, is mandated to oversee the promotion and development of the maritime industry, and to provide effective regulation of shipping enterprises.
Suspension
Aledo also reported that MARINA issued a suspension order against RDC Reield Marine Service last week.
“MARINA has already issued a directive for the shipowner of MT Princess Empress considering they still have other vessels. They have already been suspended. So they are no longer operating,” she said.
MARINA has also approved the release of P33 million from the Oil Pollution and Management Fund administered by the agency for the clean-up and containment of the oil spill. The PGC requested the release of such funds.
Authorities have yet to recover the sunken tanker and contain the oil spill that has disrupted the livelihoods of affected communities and threatened the area’s rich marine biodiversity.
Here's information, based on documents obtained by Rappler, on RDC Reield Marine Services - the company in the hot seat after its tanker sank off Oriental Mindoro with over 800,000 liters of 'black oil' on February 28.
MANILA, Philippines - Here are some facts on RDC Reield Marine Services, the company that owns MT Princess Empress - the oil tanker that sank off Oriental Mindoro last February 28, with over 800,000 liters of industrial fuel oil or “black oil.”
These pieces of information are mainly from documents the company submitted to the Securities and Exchange Commission (SEC) obtained by Rappler.
RDC is primarily engaged in the “business of marine services including but not limited to tank cleaning and other related services.”
Its secondary purposes are to:
“engage in the business of domestic shipping and the delivery of oil and petroleum products related activities”
“engage in the business of buying, selling, marketing, supplying, distributing of goods such as oil/petroleum products, slightly used heavy equipments and machineries and other related products on wholesale/retail basis”
RDC is a 100% Filipino company owned by the Cabial family. Its office is in Mandaluyong City.
Its officers are:
Reymundo Duldulao Cabial, chief executive officer (CEO) and president
Criselda L. Cabial, chief financial officer/treasurer
Fritzie Faye L. Cabial, vice-president
Reia Faye Cabial, corporate secretary
Francis John Cabial, auditor
Reield Faye L. Cabial, director
One of the original incorporators in 2014 was Reina Loraine L. Inducil.
RDC was registered with the SEC in 2014. Its paid-up capital was P5 million raised by six stockholders, mostly by its CEO/president.
As of December 2021, the company’s financial statements show:
Total revenues: P73 million
Net income before tax: P355,226
Net income: P284,181
Total assets: P81 million
Current liabilities: P1.1 million
Vessels’ worth: P65.5 million
Worth of vessel under construction: P4.1 million
The company was deemed by the Maritime Industry Authority (MARINA) to be financially capable of maintaining its operations. MARINA’s mandate is to ensure ships are safe for people and the environment.
The initials RDC appear to have come from the first letters of the name of its CEO/president.
So far, only Fritzie Cabial has spoken publicly on the sinking of MT Princess Empress. The statements of RDC that have been sent to the media have been attributed to her. She is identified as Fritzie Tee, vice president for administration and external affairs.
She also appeared before the Senate committee on environment, natural Resources, and climate change to testify on the incident. Tee said RDC is a “small corporation” but has its “own initiatives to help our kababayans (fellow citizens).”
She also met with local government officials of Oriental Mindoro on March 6. The meeting was held closed-door as requested by the company. Oriental Mindoro Governor Humberto Dolor told reporters that he met with representatives of RDC who apologized for the incident. The representatives told him they were not “just the children of the owner” but the actual “owners” of the company.
In the Senate hearing, she said RDC’s amended Certificate of Public Convenience had been approved by MARINA, and that MT Princess Empress was operating with a valid permit. This, however, was belied by senators and the chief of the regulatory agency, MARINA administrator Hernani Fabia, who said that the process of approving the amended CPC and the addition of MT Princess Empress to the company’s fleet - thus authorizing it to sail - was still not final.
Fritzie was a broadcast reporter of TV5, as gleaned from some materials from the web. She married Marc Justin Tee in 2018. She also has an Instagram account set to private.
The local government of Oriental Mindoro, which is expected to be most affected by the oil spill, plans to sue RDC for damage to the environment and loss of livelihood.
The company has put up a website with information about the incident as well as the steps RDC is taking in response to the oil spill: http://princessempressinformationcentre.com. - with Jodesz Gavilan/Rappler.com
The Philippines' maritime regulators are taking a closer look at the background of the tanker Princess Empress, which went down off Oriental Mindoro on February 28. The vessel had 900,000 liters of fuel oil on board, and the petroleum continues to leak out of its tanks, threatening a growing swath of the central Philippines with pollution. It is unclear whether the newbuild vessel had the correct documentation, and authorities now believe it is possible that it may have actually been a much older vessel - and may not even have started its life as a tanker.
Last week, Philippine shipping regulator Marina told a senate panel that Princess Empress was sailing without a required amendment to the operator's Certificate of Public Convenience (CPC). Shipowner RDC Reield Marine Services held a valid CPC for its overall business, but had allegedly not submitted the financial documents needed to secure a permit for the new vessel. However, an RDC spokesperson said that the company had completed the paperwork, and the Philippine Coast Guard quickly produced what appeared to be a complete CPC permit for the ship, signed and dated by Marina.
In an interview Thursday, a Marina spokesperson reiterated that the agency had no record of issuing a CPC permit for the ship, and noted that it would have published a public notice if it had given its approval.
According to Rappler, PCG spokesperson Rear Adm. Armand Balilo responded Thursday that his agency's inspectors rely on the good faith of the captain when they are presented with a ship's paperwork. If the documents were false, he said, then the shipowner should be held accountable.
The validity of the permit may have bearing on whether Princess Empress' insurer will have to pay for the extensive damages caused by the spill, including the loss of livelihood for thousands of fishermen and hospitality workers on Oriental Mindoro. The vessel had up to $1 billion in coverage for marine casualties, but any regulatory noncompliance on the operator's part could affect payout. A missing CPC would mean that Princess Empress could not legally sail on domestic voyages under Philippine law. "The insurance company will find a basis to not pay,” Sen. Cynthia Villar warned. "We should plan accordingly that we will not get that [payment]."
The Princess Empress' origins have also come into question since the sinking. Last week, Philippine Justice Secretary Jesus Crispin Remulla alleged that there may have been "misrepresentation" about the ship's status as a newbuild, and it may have been as much as 50 years old.
"This ship is not a brand new vessel, it is a rebuilt scrap - a rebuilt scrap ship rebuilt twice to become a tanker. It was not built to be a tanker from the very beginning," he told Rappler.
There may also have been previous close calls in which the vessel nearly capsized, he added.
An individual who claimed knowledge of the vessel's conversion provided TV outlet 24 Oras with photos and video purporting to show the reconstruction process in progress. He claimed that the vessel began life not as a tanker, but as an LPG carrier, the MV Dorothy.
Continued pollution
Oil is still leaking from the tanker, and a wind shift could carry it in a new direction. To date, it has drifted primarily to the south, down the east coast of Oriental Mindoro to the Caluya Islands. A change of weather patterns could push new leakage from the wreck site to the west, towards the town of Calapan, the provincial capital. This area is adjacent to the pristine Verde Island Passage (VIP), an area of exceptionally high biodiversity which serves as a breeding ground for important coastal fisheries. Marine scientists in the Philippines are concerned that if the spill reaches the VIP, it could cause severe damage.
“The Amihan winds [northeasterly seasonal trade winds], which contained most of the oil to the coasts of Nauhan and Pola in the previous weeks, are now more variable, allowing the oil to spread northwards,” warned the University of the Philippines’ Marine Science Institute (MSI). “It is critical to stop the seepage before the end of the Amihan season, otherwise more critical biodiversity areas along the Verde Island Passage may be affected.”
The Philippine Coast Guard and local partners continue to work to contain the spill and clean it up, and they have called for international assistance. Japan's government has dispatched a team of technical advisors, and the U.S. Coast Guard is sending officers for a briefing and a discussion on Monday, Rear Adm. Balilo confirmed over the weekend. “It will be up to the US Coast Guard on how it would respond to the request of the Commandant - if they will immediately respond and what kind of assistance they could extend,” Balilo told the Philippine Star.
A Japanese salvage vessel, the Shin Nichi Maru, arrived in Calapan on Monday to assist with the spill response effort. The ship is equipped with an ROV, which will be used to confirm the wreck location and assist with efforts to stop the leakage, according to the Manila Bulletin.
MANILA, Philippines- Nagtungo sa National Bureau of Investigation (NBI) ang tatlo pang testigo sa umano’y rehabilitation ng 50 taong MT Dorothy Uno sa MT Princess Empress upang magbigay ng sinumpaang salaysay sa pagkakasangkot nila sa umano’y pagsasaayos.
Sa ulat nitong Biyernes, kasamahan ang tatlo ni alyas “Dodong”, na unang nagsiwalat sa mga awtoridad hinggil sa rehabilitasyon kasama ang mga depekto sa disenyo ng motor tanker na naging dahilan upang maapektuhan ito ng malalakas na alon.
Sinabi ni Dodong na nabahala rin siya matapos sabihin ng may-ari ng kumpanya na dapat gawing motor tanker ang barko. Ito ay orihinal na idinisenyo upang magdala ng mga suplay ng buhangin.
“Medyo alanganin kung tutuusin kasi tanker ‘yun. Dapat bago lahat kasi dangerous cargo ang karga. Di naman napalitan ang iba,” pahayag niya.
Lumubog ang MT Princess Empress sa karagatan ng Naujan, Oriental Mindoro habang lulan nila ang mahigit 900,000 litro ng industrial fuel oil noong Feb. 28.
Lahat ng 20 crew na sakay into ay nailigtas ngunit nagdulot ng malaking pinsala at oil spill sa ilang bayan sa probinsya at umabot na sa Palawan at Antique.
Nauna nang itinanggi ng kompanyang RDC Reield Marine Services ang alegasyon na luma o matanda na ang barko at ito ay original na nakadise syo na magbiyahe ng sand supplies.
Ayon sa NBI, nakikipag-ugnayan na sila sa iba pang government agencies sa pagkalap ng dokumento at ebidensya para sa case build-up sa insidente.
Samantala, tinitingnan na rin ng Department of Justice (DOJ) ang pagsasampa ng kaso laban sa kompanya na nagmamay-ari ng barko.
“Civil liabilities, criminal liabilities and administrative liabilities. Nagbuo tayo ng isang inter-agency committee, so, we will wait for reports from these involved agencies doon sa kanilang scope para magkaroon tayo nang mas malinaw na picture dito sa ating issue ng oil spill,” sabi ni DOJ spokesperson Mico Clavano. Jocelyn Tabangcura-Domenden
Senators on Friday said officials of the Philippine Coast Guard (PCG) and the Maritime Industry Authority (Marina) should be held liable, along with the owners of the sunken MT Princess Empress for the oil spill that wreaked havoc on the fishing villages and the marine ecosystem in Oriental Mindoro.
Senator Francis Escudero suspected that officials of the two state agencies may have been bribed by RDC Reield Marine Services Inc. to let the ill-fated ship set sail without the required certificate of public convenience from Marina.
Together with an oil spill boom and skimmer, the Philippine Coast Guard (PCG) goes around the suspected area of the sunken oil tanker MT Princess Empress at the northeast of Balingawan Port, Lucta Port, and Buloc Bay in Oriental Mindoro on March 14, 2023. PHOTO: Malayan Towage and Salvage Corporation via Philippine Coast Guard
Senators on Friday said officials of the Philippine Coast Guard (PCG) and the Maritime Industry Authority (Marina) should be held liable, along with the owners of the sunken MT Princess Empress for the oil spill that wreaked havoc on the fishing villages and the marine ecosystem in Oriental Mindoro.
Senator Francis Escudero suspected that officials of the two state agencies may have been bribed by RDC Reield Marine Services Inc. to let the ill-fated ship set sail without the required certificate of public convenience from Marina.
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“We have to dig deeper, especially on the side of Marina insofar as their accreditation procedure and personnel are concerned,” Escudero told reporters.
“On the part of [PCG] they were clearly ‘motivated’ to look the other way instead of looking out for the welfare of the people, our seas and [the] environment,” he said, adding:
“I will not be surprised if the investigation reveals that money changed hands somewhere, somehow.”
He, however, rejected the suggestion to immediately stop all the vessels of RDC from operating, noting that there was “no sufficient evidence on record yet of bad faith.”
The senator issued the statement after Justice Secretary Jesus Crispin Remulla claimed that MT Princess Empress was a “rebuilt scrap” that was not intended to transport oil “from the very beginning.”
Senator Risa Hontiveros said the information disclosed by Remulla proved that officials of PCG and Marina committed “undeniable negligence and nonfeasance” that resulted in the oil spill.
READ: Hontiveros wants PCG, Marina execs held liable for Mindoro oil spill
Hontiveros said PCG should not have allowed the motor tanker to leave the port of Bataan a day before it sank off Pola, Oriental Mindoro, on February 28.
“[They] should face the full brunt of the law. They should answer not only for this incident, but also for the alleged eight other times that the scrap ship [was] allowed to sail,” she said.
On the other hand, she said Marina officials should also be held responsible for letting the ship continue to operate despite its supposed failure to meet the requirements for seaworthiness.
Hontiveros said investigators should have checked if RDC’s permit from Marina covered MT Princess Empress.
“I trust that the Senate committee on environment, natural resources and climate change will be able to ensure that the officials responsible for this environmental nightmare will be held to account for their actions,” Hontiveros said.
Sen. Francis Tolentino, who pushed for the Senate investigation of the incident, said the ship’s compliance with safety standards should have been met before it was
MANILA, Philippines — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) are looking at the claim of a witness that MT Princess Empress is already a rebuilt scrap.
“We will look at these declarations. Very important kasi ‘pag sinabi na bago yung barko [These declarations are very important because if the vessel is new], they’re saying already there’s a very little chance they have any liability in this case,” Remulla said over Radio DZBB.
“Pero pag nakita na luma na yan, reconditioned, syempre nakatutok kaagad sa kanila yung atensyon [Once confirmed that this (vessel) is old, reconditioned, of course, the attention of everyone is already on them],” Remulla added.
The claim of the witness is very serious, said Remulla, that the DOJ tagged both the NBI and PNP Crime Lab for help.
“We will continue with the investigative process,” he said.
The DOJ chief added that they will also coordinate with Marina “to give us the permitting process to walk us through how they gave MT Princess Empress all these regulatory permits needed for it to be able to set sail in Philippine waters.”
Remulla said the vessel should have been subject to an inspection as part of the permitting process.
On possible liabilities of government officials, if there are any and that of the owner of the vessel, Remulla said “we will look at everything first. It is very hard to conclude what violations was committed without talking to them and without getting all the papers.”
フィリピン沖でタンカー沈没。工業用油80万リットル流出 03/06/23（日本海事新聞）には
フィリピン沿岸警備隊（PCG）は2日、「東ミンドロ沖で沈没した小型タンカー「MT PRINCESS EMPRESS」（1100重量トン、2022年竣工）が積載していた約80万リットルの工業用油が流出、東ミンドロ州の海岸に到達したと発表した。PCGによると、同船は2月28日、オーバーヒートによるエンジントラブルで漂流、約80万リットルの工業用油を積載し沈没した。」と書かれていたがとんでもない展開になっている。
フィリピン沿岸警備隊（PCG）隊員が不正や癒着に関与した可能性が疑われているし、フィリピン沿岸警備隊（PCG）とMaritime Industry Authority (MARINA)：日本では海運局のような組織がお互いに非難しあうような展開になっている。疑惑が事実として確認されれば、起訴される公務員達が存在するようだ。
日本でも「地獄の沙汰も金次第」と言う言葉が存在するが、何が事実なの確認できない状態で、いろいろな問題や矛盾な点が出てきている。そして少なくとも誰かが不正か、犯罪に関与していなければ説明が付かない事が矛盾点として明らかになっている。
MANILA -- Justice secretary Jesus Crispin Remulla on Thursday said the government is gathering information for the possible filing of complaint against those liable for the sinking of the MT Princess Empress which leaked its cargo of 800,000 liters of industrial oil.
"Ang tawag ngayon ay (It's called) case build up. We are sorting out the evidence so that we can file the proper complaint, collate all the data. But as far as we’re concerned, there are possible cases to be filed,” Remulla said in an ambush interview.
“This will be filed by the legal office of the Department of Justice (DOJ) and we intend to do this by Tuesday, and sana tapos na by then ang ating pag aaral (and hopefully, by then, we have already finished our evaluation). We will go over the weekend to study this case,” he added.
Remulla said the DOJ is looking at every possible angle - environmental damage, health risks, damage to biodiversity, among others — with a planned visit at the sinking site to validate their initial findings and enable them to devise strategies.
He said among the major findings is that the ship was a scrap ship that was rebuilt twice to become a tanker.
Remulla said there were also misrepresentations made with the condition of the vessel, since the owners told the DOJ and the Philippine Coast Guard last Saturday that the vessel was only two years old, which is new by Philippine standards.
“There were misrepresentations made from the start," he said.
The DOJ chief added that initial investigations also suggested that a similar near sinking of the vessel had happened before, and that on the day before the incident, a warning was sent against sailing due to gale conditions.
The MT Princess Empress sank off the coast of Naujan, Oriental Mindoro on Feb. 28 and eventually sank the following day, causing a widespread oil spill into the Tablas Strait that has reached as far as the provinces of Antique and Palawan.
The incident affected nine municipalities in Oriental Mindoro (Naujan, Pola, Pinamalayan, Gloria, Basud, Bongabong, Roxas, Mansalay and Bulalacao); one in Antique (Caluya); and two in Palawan (Taytay and Agutaya); with more than 137,000 individuals affected by the oil spill.
In Oriental Mindoro alone, the DOJ said more than 99,000 people have been affected, 122 of whom have fallen ill. (PNA)
Philippine Coast Guard spokesperson Armand Balilo shows a copy of the certificate of public convenience supposedly issued to the owner of MT Princess Empress, which sank off Oriental Mindoro causing an oil spill that threatens ecosystems and communities in southern Luzon.
The ill-fated MT Princess Empress was so old that it had already been scrapped, contrary to claims that it was a new vessel, Justice Secretary Jesus Crispin Remulla said on Thursday.
Remulla said the government is looking to file both criminal and civil cases in connection with the sinking of the tanker that resulted in an oil spill now threatening the ecosystem in Oriental Mindoro and neighboring provinces.
“It is a rebuilt scrap... It was not built to be a tanker from the very beginning,” Remulla said.
Remulla said investigators have an affidavit from an individual who knew about how the allegedly old vessel had been rebuilt.
“Ang NBI is on it already... They’re doing the studies now. They’re conducting field interviews," Remulla said.
The statement supposedly detailed where the scrap had been dumped, where it was taken, and where it was built.
‘MT Dorothy’
In John Consulta's exclusive report on "24 Oras," witness “Dodong” showed GMA Integrated News photos and videos of the ship rehabilitation.
The ship was said to have been known previously as the LPG tanker MT Dorothy before it became MT Princess Empress. It was rebuilt in Navotas in 2020.
“Scrap value na 'yan eh. Pwede nang ibenta sa junk shop. 'Yung ilalim hindi napalitan,” Dodong said.
(That's scrap value. You could sell it at the junk shop. The bottom has not been changed.)
Remulla said the vessel could already be 50 years old.
He said there might have been an intent to deceive from the start due to claims that the tanker was brand new.
“Ang sinabi raw sa Coast Guard ay bagong bago itong barkong ito. At hindi pala siya bago. Ito ay luma na, scrap na. Scrap na siya na ni-rebuild. Unang ni-rebuild para maging LPG carrier tapos ni-rebuild na naman. Pinahaba para maging tanker,” Remulla said.
(The PCG was supposedly told that it was quite new. But it turned out that it was not new. It's already old, it's already scrap that has been rebuilt. It was first rebuilt to be an LPG carrier and then it was again rebuilt. It was made longer to become a tanker.)
“The utterances after the occurrence of the fact, ‘yung sinabi sa Coast Guard na bagong-bago yung barko, parang may intent to deceive na sa simula't sapul pa lang. Kaya dapat tignan natin itong bagay na ito,” Remulla said.
(There may be an intent to deceive in telling the PCG that it was a new vessel. We have to look into it. )
Insurance claims
Remulla said investigators were also looking at the insurance angle.
“And we’re looking from the angle of insurance also kasi parang may insurance siyang napakalaki,” Remulla said.
The ill-fated MT Princess Empress was so old that it had already been scrapped, contrary to claims that it was a new vessel, Justice Secretary Jesus Crispin Remulla said on Thursday.
Remulla said the government is looking to file both criminal and civil cases in connection with the sinking of the tanker that resulted in an oil spill now threatening the ecosystem in Oriental Mindoro and neighboring provinces.
“It is a rebuilt scrap... It was not built to be a tanker from the very beginning,” Remulla said.
Remulla said investigators have an affidavit from an individual who knew about how the allegedly old vessel had been rebuilt.
“Ang NBI is on it already... They’re doing the studies now. They’re conducting field interviews," Remulla said.
The statement supposedly detailed where the scrap had been dumped, where it was taken, and where it was built.
‘MT Dorothy’
In John Consulta's exclusive report on "24 Oras," witness “Dodong” showed GMA Integrated News photos and videos of the ship rehabilitation.
The ship was said to have been known previously as the LPG tanker MT Dorothy before it became MT Princess Empress. It was rebuilt in Navotas in 2020.
“Scrap value na 'yan eh. Pwede nang ibenta sa junk shop. 'Yung ilalim hindi napalitan,” Dodong said.
(That's scrap value. You could sell it at the junk shop. The bottom has not been changed.)
Remulla said the vessel could already be 50 years old.
He said there might have been an intent to deceive from the start due to claims that the tanker was brand new.
“Ang sinabi raw sa Coast Guard ay bagong bago itong barkong ito. At hindi pala siya bago. Ito ay luma na, scrap na. Scrap na siya na ni-rebuild. Unang ni-rebuild para maging LPG carrier tapos ni-rebuild na naman. Pinahaba para maging tanker,” Remulla said.
(The PCG was supposedly told that it was quite new. But it turned out that it was not new. It's already old, it's already scrap that has been rebuilt. It was first rebuilt to be an LPG carrier and then it was again rebuilt. It was made longer to become a tanker.)
“The utterances after the occurrence of the fact, ‘yung sinabi sa Coast Guard na bagong-bago yung barko, parang may intent to deceive na sa simula't sapul pa lang. Kaya dapat tignan natin itong bagay na ito,” Remulla said.
(There may be an intent to deceive in telling the PCG that it was a new vessel. We have to look into it. )
Insurance claims
Remulla said investigators were also looking at the insurance angle.
“And we’re looking from the angle of insurance also kasi parang may insurance siyang napakalaki,” Remulla said.
(We are looking at the angle of possible insurance claim because it's a hefty sum.)
RDC Reield Marine Services Incorporated, the owner of the MT Princess Empress, denied the allegations that the ship could be 50 years old already.
The owner, however, declined to comment on the allegations that the ship was built to carry sand and that the ship did not follow the gale warnings of weather bureau PAGASA.
Remulla said that the government is looking to file cases against the owners of the sunken MT Princess Empress.
When asked how the Department of Justice could assure that justice will be served for those affected by the oil spill, Remulla said criminal cases would be filed against those who will found liable.
Criminal cases
“We will run after them. We can assure you that we will not stop. We will run after them... Hindi ito civil case lang. Criminal cases will be filed against those perpetrators,” Remulla said.
(It's not just a civil case. Criminal cases will also be filed against the perpetrators.)
He said officials are sorting out the evidence and collating the data necessary to build a case.
According to Remulla, the owners had been informed about gale warnings on February 27 before sailing.
He said that on the midnight of February 28, they were again told that it would be difficult to sail as the waters were somewhat turbulent.
The MT Princess Empress sank on February 28 off Najuan. The PCG said on Thursday that it was carrying 900,000 liters of industrial fuel oil and not 800,000 as previously reported.
Almost 100,000 residents in the province have already been affected by the oil spill.
Approximately 591 hectares of coral reefs, 1,626 hectares of mangroves, and 362 hectares of seagrass or seaweeds could meanwhile be potentially affected by the effects of the oil spill, according to the DENR.
‘P128-million damage’
Meanwhile, in a separate ambush interview, Justice spokesperson Mico Clavano said damage to livelihood in the area is now at P128 million.
“It was about P128 million worth of livelihood for the fishermen and those that, siguro merong fisheries or aquaculture… And it was determined na nine out of the 15 municipalities doon po ay affected na po,” Clavano said.
(It has caused P128 million worth of livelihood losses for fishermen and those who own fisheries or aquaculture. It was determined that nine out of the 15 municipalities are already affected.)
“And we have to change the scene of the crime every day, redefine the total area every day, dahil po patuloy pa po yung oil na nag se-spread doon sa area na iyon,” he said.
(The oil spill continues to spread in the area every day.) — VAL/NB/BM, GMA Integrated News
That’s how Justice Secretary Jesus Crispin Remulla described the MT Princess Empress that sunk near Oriental Mindoro and is now leaking oil.
It was also revealed that the oil spill could have been prevented if the ship heeded gale warnings. - The World Tonight, ANC, March 16, 2023
The Philippine Coast Guard (PCG) released to the public the Certificate of Public Convenience (CPC) of the sunken motor tanker (MT) Princess Empress to contradict reports that the agency allowed the vessel to operate without the necessary permit.
the Certificate of Public Convenience (CPC)：運航許可証みたいな物がないとなっていなのに、The Philippine Coast Guard (PCG)：フィリピン沿岸警備隊が
CPC（運航許可証）はあったと１日もたたないうちに会見で答え、CPC（運航許可証）のコピーまで提示した。
コピーの写真を見る限り、現場でチェックしたィリピン沿岸警備隊員が疑問に思わないほど本物との違いがわからなかったと言う事だろう。サインとか、書類の番号、発行された日などが公開されているのでこの書類が偽造なのか、賄賂などの不正な方法で作成されたのか確認できると思うので、何が事実なのかは数日でわかると思う。
しかし、コピーを取っておくのは良い事だ。嘘かどうか確認できるし、嘘でなければ、誰が書類を偽造したのか、それとも不適切な方法で書類を作成したのか確認は出来る。日本では 高市早苗経済安保担当相に関する放送法をめぐる総務省作成とされる内部文書の件で揉めてるが、書類のコピーがあるのに答えが出ないおかしな展開になっている。
上記は下記の記事のコピーを拡大したものだが、Interim Class Certificateが「05 December 2022」に有効期限が切れる点以外では発行された証書が本物であれば問題ない事になる。Interim Class Certificateが発行されていると言う事は、検査した会社がどこなのかは不明だが、存在すると言う事。このコピーがいつ検査された時のコピー次第では、現場の書類チェックでは問題は発見されないと言うシステムの問題が明らかになったと思う。the Certificate of Public Convenience (CPC)：運航許可証が本物なのか確認が出来るまで何とも言えないが、もし、偽造であれば、フィリピンはオンラインで簡単に確認できるような対応を取らない限り、今後もこのような問題は解決できないと言う事になると思う。
The Philippine Coast Guard (PCG), says they only relied on the Certificate of Public Convenience (CPC) presented by the MT Princess Empress during its transactions and inspections whenever they sail.
The oil spill caused by the sinking of MT Princess Empress has affected more than 143,000 individuals in 12 municipalities in Oriental Mindoro, Palawan, and Antique.
Photos: Philippine Coast Guard / PCG
The Philippine Coast Guard (PCG) released to the public the Certificate of Public Convenience (CPC) of the sunken motor tanker (MT) Princess Empress to contradict reports that the agency allowed the vessel to operate without the necessary permit.
Rear Admiral Armando Balilo, PCG spokesperson, presented the CPC of MT Princess Empress to the media on Tuesday, March 14. The PCG also uploaded the document online via its official Facebook page, "Philippine Coast Guard."
According to the Maritime Industry Authority (MARINA), a CPC is an authorization issued by them to a vessel “for a domestic water transportation service for commercial/public use for which no franchise, either municipal or legislative is required by law.”
“Apat na beses nang ginamit ito ng nasabing barko sa mga transakyon niya sa Philippine Coast Guard – one in Manila, one in Cebu, one in Misamis Oriental, at isang beses rin sa Iloilo (and one in Iloilo). Pinache-check pa namin ‘yung ibang mga bayan kung saan siya dumaong, kung may inspeksyon na ginawa at kung may sinubmit na CPC (The said vessel has used this [document] for four times already in its transactions with the Philippine Coast Guard. We are still checking what other areas the vessel docked, if there were inspections conducted, and if there was a submitted CPC),” Balilo said in an interview on Wednesday, March 15.
The document released by Balilo included a MARINA decision dated Nov. 16, 2022 which amended the CPC of RDC Rield Marine Services, Inc., the owner of MT Princess Empress, and allowed the sunken tanker “to effect the permanent addition of the ship/tanker, M/TKR Princess Empress, to the company’s fleet.”
“As far as we are concerned, we relied on this document kaya namin pinayagan ‘yung barko na maglayag (As far as we are concerned, we relied on this document that’s why we allowed the vessel to operate),” Balilo said.
However, the PCG spokesperson said the document will still be subjected to further investigation: “Mayroon na nga kaming nakikita pero iniimbestigahan pa namin, may instruction kahapon na paimbestigahan (We are seeing something but it is still subjected to an investigation, there was an instruction yesterday to investigate).
“Una parang ‘yung pirma, ano ba ‘to original signed? Tapos ‘yung MARINA ba ay mag-aagree dito? Parang ang initially kasi may denial ang MARINA eh tapos may denial din kahapon ‘yung may-ari ng barko sa Senate na for approval pa ang CPC. Eh ano itong binibigay niyo sa amin kapag naglalayag kayo? (First is the signature, is it original signed? Then will the MARINA agree to it? Initially there was a denial from the MARINA, and there was a denial from the owner of the vessel, too, yesterday in the Senate that their CPC was still up for approval. Then what is it that you’re presenting to us when you are sailing?” Balilo said.
The move came as MARINA Administrator, lawyer Hernani Fabia, said in a Senate inquiry on Tuesday, March 14, that the agency has yet to issue an amended CPC to RDC Rield Marine Services, Inc. following the recent addition of the MT Princess Empress to its fleet.
According to RDC Rield Marine Services Inc., the tanker was commissioned in 2022.
During the inquiry, Fabia said the RDC Rield Marine Services Inc. still has a pending application to MARINA which the agency was supposed to hear. The company, according to Fabia, was still missing documents for their application for an amended CPC to be granted.
RDC Vice Pres. Fritzie Tee said during the inquiry that their company applied for an amended CPC and submitted all the required documents in November 2022.
Cleanup efforts
Meanwhile, a total of 5,603 liters of “oily water mixture” have so far been collected by the PCG as efforts to contain the massive spill affecting Oriental Mindoro and other areas from the sunken MT Princess Empress entered its second week.
The PCG said that from March 1 to 14, it also racked up 50 sacks of oil-contaminated materials during its offshore oil spill response operations.
Offshore oil spill response operation refers to the cleanup done in the vicinity of the affected waters using sea vessels, PCG public affairs officer Joy Diane Gumatay explained.
Seven hundred liters of such mixture and six sacks of oil-contaminated materials were gathered on Tuesday alone, March 14, by PCG tugboats (MTUG) Lidagat and (MTUG) Titan-1.
Further, the PCG also collected 1,071 sacks and 22 drums of waste during its shoreline response operations at 13 affected barangays in the municipalities of Naujan, Bulalacao, and Pola in Oriental Mindoro in the same period.
Shoreline response operation, on the other hand, pertains to the cleanup operations in the seashore which relies more on manpower, Gumatay said.
The PCG said 140 sacks of oil-contaminated materials were pulled from the shore on Tuesday alone.
143K residents affected
The massive oil spill caused by the sinking of MT Princess Empress on Feb. 28 off Naujan, Oriental Mindoro has already affected 31,497 families or 143,713 individuals in Regions 4B (Mimaropa) and 6 (Western Visayas), the Office of Civil Defense reported on Wednesday.
The tanker was carrying 800,000 liters of industrial fuel oil when it sank.
The affected areas include the municipalities of Naujan, Pola, Pinamalayan, Bansud, Bongabong, Roxas, Mansalay, Gloria, and Bulalacao (San Pedro) in Oriental Mindoro; Agutaya and Taytay in Palawan; and Caluya in Antique.
“There was an instruction given to us yesterday to investigate,” PCG spokesperson Armand Balilo said in a media interview. “First, is the signature on here original? Then would Marina (Maritime Industry Authority) agree to this?”
“Then the owners of the ship denied yesterday at the Senate that they have an approved CPC (certificate of public convenience). Then what is this document that you are giving us when you are sailing? This has to be explained by the owners,” Balilo continued.
A CPC is a permit that the Marina issues to ships for public use.
The PCG on Tuesday night posted on its social media a document showing that MT Princess Empress had a permit to operate, contrary to Marina’s findings presented during a Senate hearing earlier in the day.
A CPC is a permit that the Marina issues to ships for public use.
The PCG on Tuesday night posted on its social media a document showing that MT Princess Empress had a permit to operate, contrary to Marina’s findings presented during a Senate hearing earlier in the day.
Presumption of regularity
But it turned out it was the document RDC Reield Marine Services, which owns MT Princess Empress, presented to PCG personnel during inspections before the tanker was allowed to sail.
Philippine Coast Guard spokesperson Armand Balilo shows a copy of the certificate of public convenience supposedly issued to the owner of MT Princess Empress, which sank off Oriental Mindoro causing an oil spill that threatens ecosystems and communities in southern Luzon.
MANILA, Philippines — The Philippine Coast Guard said Wednesday it is investigating the authenticity of the permit presented to its personnel to allow MT Princess Empress to sail at least four times before it sank off the waters of Oriental Mindoro, causing an oil spill that threatens ecosystems and communities.
“There was an instruction given to us yesterday to investigate,” PCG spokesperson Armand Balilo said in a media interview. “First, is the signature on here original? Then would Marina (Maritime Industry Authority) agree to this?”
“Then the owners of the ship denied yesterday at the Senate that they have an approved CPC (certificate of public convenience). Then what is this document that you are giving us when you are sailing? This has to be explained by the owners,” Balilo continued.
A CPC is a permit that the Marina issues to ships for public use.
The PCG on Tuesday night posted on its social media a document showing that MT Princess Empress had a permit to operate, contrary to Marina’s findings presented during a Senate hearing earlier in the day.
The document — a November 16, 2022 decision by the Marina to allow the amendment of the CPC issued to the owner of MT Princess Empress to include the tanker in its fleet — was posted online hours after the Senate environment panel’s inquiry into the oil spill, during which the PCG did not present or make reference to it.
Presumption of regularity
But it turned out it was the document RDC Reield Marine Services, which owns MT Princess Empress, presented to PCG personnel during inspections before the tanker was allowed to sail.
“As of the moment what our people on the ground say is that we relied on the CPC to allow the ship to sail. And on several occasions, that was what the shipowner submitted to the Philippine Coast Guard,” Balilo said.
He added: “Now, if this CPC is said to be spurious or fake, it’s up to the company to prove otherwise. But for us, this is what we are holding on to because of the presumption of regularity.”
The document supposedly presented to PCG personnel allowed MT Princess Empress to sail at least four times from the ports of Manila, Bataan, Iloilo and Misamis Oriental, Balilo said.
RDC vice president Fritzie Tee said during the Senate hearing that their motor tanker was able to sail nine times before it sank in the waters off Naujan town in Oriental Mindoro on February 28. Marina said this happened all while the ship had no permit.
Tee, however, insisted that her company has a CPC and that they applied as early as November 2022 and completed the submission of all required documents for its amendment to include the tanker that, she said, was commissioned in 2022.
She admitted that they still submitted additional requirements for the amendment of the CPC in December 2022, a month after the supposed amended CPC was issued by Marina.
The tanker is leaking oil that has affected over 108,000 people in 118 barangays in Oriental Mindoro and Palawan, according to the Office of Civil Defense.
In an update on Wednesday, the OCD said the oil spill has affected 68 areas, while 122 people have either been injured or have fallen ill because of the incident. There are 31,497 families in MIMAROPA and Western Visayas regions also affected, while the livelihood of 13,654 farmers and fishermen was also impacted by the oil leakage.
(2nd UPDATE) The Philippine Coast Guard initially shares documents supposedly showing that the sunken ship had a permit to operate but says a day later it will investigate whether such documents submitted by the ship's owner are authentic
MANILA, Philippines — Hours after a Senate inquiry heard the country’s maritime regulator say that the sunken oil tanker, MT Princess Empress, had no permit, the Philippine Coast Guard (PCG), which was also represented in the hearing, posted documents online seeking to discredit the Maritime Industry Authority (MARINA) chief’s statements.
The PCG on Tuesday night, March 14, shared on social media six pages of the Certificate of Public Convenience (CPC) supposedly issued by MARINA to RDC Reield Marine Services Inc, the owner of MT Princess Empress which sank off Oriental Mindoro on February 28 with 800,000 liters of industrial fuel oil. MARINA’s mandate is to “lead a progressive maritime administration for safer people, safer ships, and cleaner environment.”
“Considering further that applicant is deemed financially capable to maintain its operations, having complied with the financial standard ratios under the 2014 amendments, and that all documentary requirements are in order and complied with, the Authority hereby amends the certificate of public convenience of applicant, RDC Reield Marine Services, Inc. to effect the permanent addition of the ship/tanker, M/TKR ‘PRINCESS EMPRESS,’ to the company’s fleet,” the document reads.
The certificate, issued on November 16, 2022, also says that the permit will expire on February 6, 2042.
After Tuesday’s hearing but before the PCG released the documents, RDC issued a statement saying November 16, 2022 was the date it “filed the application for amendment,” and it “completed documentary requirements on December 2, 2022.”
That statement was consistent with what was said in the hearing by RDC vice president Fritzie Tee. MARINA Administrator Hernani Fabia told senators that the company’s application was still pending due to financial documents that had yet to be submitted to regulators.
Asked in a News5 interview on Wednesday morning, March 15, a PCG official said it was unable to fully explain the Coast Guard’s side during the hearing due to “pressure in communication.”
“There was just no opportunity to explain further, you saw the situation there,” said PCG oil spill response incident commander Geronimo Tuvilla.
After the MARINA report about MT Princess Empress was read during the hearing, senators criticized the Coast Guard for allowing the ship to sail nine times already, including on February 28 when it left the private port, SL Harbor Terminal, in Limay, Bataan.
The pre-departure checklist for MT Princess Empress showed seven boxes were unticked, including the CPC requirement, Senator Risa Hontiveros disclosed during Tuesday’s hearing.
PCG maritime safety services commander Joseph Coyme had even said it would conduct administrative investigations, after Senator Raffy Tulfo asserted that Coast Guard officers who cleared MT Princess Empress that day should be charged and put in jail.
“Vice Admiral Coyme’s explanation was right. That’s the normal procedure for police and armed forces. What he meant was we won’t tolerate if someone among our ranks commits a violation,” Tuvilla said on Wednesday morning.
“It is painful for us as an organization to be subjected to incomplete information,” he added.
But also on Wednesday morning, MARINA spokesperson Sharon Aledo stood by the agency’s statement that RDC has yet to update its certification.
“They filed an application, but they have yet to comply with all the documentary and qualification requirements, pursuant to the guidelines under the 2014 amendments to Republic Act 9295 or the Domestic Shipping Development Act,” Aledo said in a Teleradyo interview.
Later on Wednesday, PCG spokesman Arman Balilo told reporters that the document it previously posted on social media was the permit given by the company to the Manila station of the PCG.
“As far as we’re concerned, we relied on this document, that’s why we allowed the ship to sail,” Balilo said, adding that the PCG would now investigate to determine whether the permit was authentic.
Senator Hontiveros lamented the “confusion” on Wednesday morning in an interview with DZBB.
“So, what is it? Which of them is right?” she said. “During the hearing, resource persons made an oath to tell only the truth. If not, they may face perjury.”
Pre-departure inspection of domestic vessels is a task of PCG under Republic Act 9993, but limited manpower and resources have made the practice impractical.
The PCG’s mandate to conduct pre-departure inspection of vessels is “no longer practiced in other parts of the world,” now-Coast Guard deputy chief Jay Tristan Tarriela wrote in a 2019 Rappler piece.
“It is about time that our lawmakers pass a dedicated law for the shipping industry that explicitly defines the responsibility and accountability or the shipowners once an incident occurs,” he said.
Why the permit issue matters
RDC’s insurance coverage hangs in the balance due to the controversy surrounding MT Princess Empress’ authority to travel.
RDC had said the sunken ship was insured for $1 billion or around P55 billion under a Protection and Indemnity (P&I) coverage.
“If the ship is ‘colorum’ or without an updated CPC, it might not be able to claim indemnity insurance,” Hontiveros said on Wednesday.
Senator Cynthia Villar also pointed out in the hearing that insurance companies usually find a way to justify rejection of insurance claims.
The oil spill in Oriental Mindoro has affected nine towns in the province and 108,000 individuals. A total of 122 people have also fallen ill, local officials said.
The ship was carrying “black oil” which is considered toxic, and authorities are racing to contain the spill. — Rappler.com
The Philippine Coast Guard (PCG) on Wednesday said it is checking the validity of the Certificate of Public Convenience (CPC) of MT Princess Empress following questions that it sailed without such permit.
“We relied on the CPC para payagan ‘yung barko na maglayag,” said PCG spokesperson Commodore Armando Balilo in a press conference.
He said the Coast Guard relied on the presumption of regularity of the documents that were issued last November 16, 2022. He added they were presented to the PCG and showed that they were validated by Maritime Industry Authority (MARINA).
“So this is the certificate of Certificate of Public Convenience (CPC) that was submitted to us to Coast Guard Station Manila last February 27, noong dumaan ‘yung Motor Vehicle Princess Empress,” he said.
“To effect the Permanent Addition of the ship/tanker. M/TKR "PRINCESS EMPRESS*, to the company's feet, to operate in the tramping service for the carriage of persistent oil (black products), to any port in the Philippines, effective from date hereof valid until the expiration of the company's CPC on 00 February 2042, pursuant to Section 7.11,” it said.
alilo noted that the said ship was used four times in the transactions with the PCG — one each in Manila, Cebu, Misamis Oriental, and Iloilo City.
“Pinache-check pa namin ‘yung ibang mga bayan kung saan siya dumaong, kung may inspeksyon na ginawa at kung may sinubmit na CPC. Pero as far as we are concerned we relied on this document kaya namin pinayagan ‘yung barko na maglayag,” he added.
“Pinapa-check namin yung validity ng CPC, sinasama na namin sa investigation,” he said, noting that it is not easy to determine whether the document is fake or not.
Balilo added that PCG would investigate if its boarding team did not inspect MT Princess Empress before it sailed last February 27.
The MT Princess Empress sank on February 28, carrying 800,000 liters of industrial fuel. Oil spills were reported in several areas in Mindoro, prompting the coastal town of Pola to declare a state of calamity.
According to the PCG, the motor tanker sank 400 meters into the ocean, which was too deep for divers to reach.
The Department of Environment and Natural Resources (DENR) said more than 2,000 hectares of coral reefs, mangroves, and seagrass could be affected.
Meanwhile, the Philippine Coast Guard (PCG) has placed an oil spill boom to contain the spill while the clean-up operations are ongoing. — LDF, GMA Integrated News
Under the Oil Compensation Act of 2007, a charterer can’t be made to pay for pollution damage. Environmental groups, however, say the cargo owner should also be made to pay based on the 'polluter pays principle.'
MANILA, Philippines – A subsidiary of San Miguel Shipping and Lighterage Corporation – SL Harbor Bulk Terminal Corporation – chartered RDC Reield Marine Services (RDC) to ship the 800,000 liters of industrial fuel oil from Limay, Bataan to Iloilo last February 28, Rappler learned from government officials.
The officials made the claim based on documents they have seen. MT Princess Empress sank off Naujan, Oriental Mindoro reportedly after encountering big waves and strong winds that day.
In the shipping business, a charterer enters into an agreement with the ship owner to deliver cargo. The charterer pays the ship owner for the use of the vessel. Although San Miguel Shipping and Lighterage has its own tankers, it also charters other shipping companies for deliveries.
Asked in an email whether SL Harbor Bulk Terminal Corp. was indeed the charterer, Maritime Industry Authority (MARINA) spokesperson Sharon Aledo said, “We only received direct information from the shipowner’s representatives that SL Harbour Terminal Corp. was the loading port.” Aledo did not respond to a follow-up email on whether she can say that SL Harbor Bulk Terminal Corp. may not have been the charterer and cargo owner since RDC only told them that this was the “loading port.”
RDC declined to say on Monday, March 13, whether SL Harbor Bulk Terminal Corp. was the charterer of MT Princess Empress, invoking its non-disclosure agreement.
Rappler sent an email on Monday to the Department of Environment and Natural Resources (DENR) asking for confirmation on the charterer, but was told the question should be directed to other offices. DENR is the agency coordinating the oil spill cleanup work.
SL Harbor Bulk Terminal Corporation, a registered importer of petroleum products, is a subsidiary of San Miguel Shipping and Lighterage. It owns fuel storage facilities in Limay, Bataan, as well as an oil terminal in Tagaloan, Cagayan de Oro.
San Miguel Shipping and Lighterage Corp. is under publicly listed San Miguel Corporation, a diversified conglomerate led by its president, Ramon S. Ang. It handles the shipping requirements of the conglomerate. The conglomerate’s shipping business is separate from its oil (Petron Corp.) and energy (SMC Global Power Holdings Corp.) business.
Why does this matter?
In a statement on March 5, San Miguel’s fuel and oil firm, Petron Corporation, clarified that MT Princess Empress “was not carrying products from the Petron Bataan Refinery nor does Petron own the fuel oil cargo the tanker was carrying at the time of the incident.”
Petron is the Philippines’ largest oil company, capable of supplying around 40% of the country’s fuel requirements. It has an oil refinery in Limay, Bataan, which processes crude oil into various petroleum products. For its industrial fuel oil requirements, Petron now sources it from abroad through importation.
“With major investments for the enhancement of our refinery, Petron has stopped producing fuel oil since 2016,” it said, adding, however, that it was still assisting in the cleanup after the oil spill.
The conglomerate, however, has so far been silent on SL Harbor’s involvement as a charterer.
Rappler reached out to San Miguel for comment on March 9, March 10, and March 13. As of posting, it has not responded to our emailed questions, saying in a text message that they were “still getting in touch with SL Harbor for details.” We will update this story in case the San Miguel camp responds.
Lack of transparency
Under Republic Act 9483 or the Oil Pollution Compensation Act of 2007, no claim for pollution damage compensation may be made against “any charterer.” This law provides that liability on pollution damage lies on the “owner of the ship at the time of an incident.”
RDC officials did not respond to reporters who sought to interview them in Pola, Oriental Mindoro on March 4 and March 6.
However, in a meeting with local officials, Fritzie Tee, vice president for administration and external affairs of RDC, expressed “the company’s commitment to address the cleanup and containment of the oil spill,” according to a company press release on March 6.
In a statement on Monday, March 13, Tee said: “We are truly sorry that this incident has affected the livelihoods of those living in the impacted areas and the spill’s effect on the environment. We are committed to doing everything possible to minimise the ongoing impact on the environment and people’s lives and clean up the spill.”
She said the company’s “primary focus at this stage remains on the oil spill response and we are adopting a phased approach as advised by experts.”
On Friday, March 10, Liza Osorio, Oceana Legal and Policy Director, lamented the lack of transparency in this latest oil spill.
“Sana lumitaw na sya. Bakit tahimik? (The cargo owner should emerge. Why the silence?),” she told Rappler.
Who’s liable
In an interview with radio DZBB on March 9, Aledo, also the legal chief of MARINA, said that based on interviews with the crew of MT Princess Empress, the 500-ton tanker encountered “breaking waves” reaching 3 to 4.5 meters and wind speed of 20 to 22 knots” which led to the sinking.
“Yun yung isa sa mga (This is one of the) incidents that led to the sinking, but the probable root causes have not yet been determined,” she said.
She said the “direct cause” of the sinking has yet to be determined since the MT Princess Empress was still deep in the sea, making a physical inventory of its equipment and inspection impossible.
Aledo agreed that industrial fuel oil is also called “black oil,” which she said is “more toxic” than other fuels like diesel.
She said RDC officials told regulators the ship was insured for $1 billion or around P55 billion under a Protection and Indemnity (P&I) coverage.
She said, however, that the ship’s insurance is “subject to provisions on limitations of liability under RA [Republic Act] 9483” or the Oil Pollution Compensation Act of 2007.
Asked if the company will be able to claim insurance for this oil spill, she said a P&I answers compensation due to any damage and/or injury, but this has to go through a process.
Aledo said it was “incumbent” on the ship owner to file an insurance claim.
According to the International Risk Management Institute (IRMI), a P&I is a “liability insurance for practically all maritime liability risks associated with the operation of a vessel.” IRMI’s mission is to provide risk management and insurance information and training.
Last Thursday, the Philippine Coast Guard said the municipality of Pola has created “TASK FORCE POLA to pursue appropriate legal actions against the owner, operator, or insurer of MT PRINCESS EMPRESS in proper courts or administrative agencies for the damages they incurred.”
In an interview with ABS-CBN News, Mayor Jennifer Cruz of Pola, Oriental Mindoro said the task force would first meet on Monday, March 13 to assess the extent of damages on the environment as well as loss of livelihood and tourism prior to suing the parties involved.
Polluters should pay
Three environmental groups are also demanding that the government “ensure that the companies responsible for the disaster are held accountable.”
In a joint statement on March 9, Greenpeace Philippines, Oceana, and Center for Energy Ecology and Development (CEED), said the Marcos administration should also “show its concrete plans to protect the affected communities and ecosystems.”
“There are accountability measures in place already in our laws…and in these laws, there is a ‘polluter pays’ principle. Under this is RA 9483, which spells out the liability for those responsible for the oil spill,” said Osorio.
She added that this “covers cleanup operations at sea, preventive measures, consequential laws or loss of earnings, pure economic loss, and even damage to human health or loss of life, among others.”
“I believe that the government already has the necessary tools, but what is more important is that these accountability mechanisms should be enforced,” she said.
Osorio, in the Rappler interview, said it is “unfortunate” that the Oil Compensation Act of 2007 excludes the cargo owner of a sunken vessel from liability. However, she said “the general rule under transportation law makes the charterer liable depending on the type of charter.”
“If the charterer is negligent in packaging the goods, such as not ensuring the ship is following international regulations, then the charterer is liable,” Osorio said.
“However, we have a rule on statutory construction that a special law like RA 9483 (Oil Pollution Compensation Act) will prevail over general law. In essence, RA 9483 will be the controlling law,” she said.
Osorio said environmental groups are looking into other laws, such as the Amended Fisheries Code or Republic Act 10654, the Clean Water Act, as they contemplate their legal actions in response to the oil spill.
“We’re looking at all angles right now,” she said, noting that there are decided cases wherein the polluter has been made to pay by the DENR’s Pollution Adjudication Board.
Osorio said the Philippines is also a signatory to the International Convention for the Prevention of Pollution from Ships (MARPOL) which prescribes other measures on prevention pollution by ships due to “operational or accidental causes.” Among others, it mandates that new oil tankers have double hulls. This convention was adopted in 1973 and entered into force in 1983. A protocol amending it took effect in 2005.
In an interview with radio DZBB on Monday, March 13, Philippine Coast Guard spokesman Rear Admiral Armand Balilo said MT Princess Empress had double hulls. He said MARINA requires that all oil tankers should have double hulls for added protection. In this incident, he said the crew lost control of the vessel.
When asked whether the oil tanker was taking the correct route, he said the MARINA had approved the route MT Princess Empress took.
Greenpeace Philippines, Oceana, and CEED asserted that such a disaster is likely to happen again if the country continues to rely on fossil fuel energy.
“This incident is one of many that the fossil fuel industry has seemingly moved on from, while continuing to pass the burden onto affected communities. The least our government and whoever is responsible for the spill can do is to be completely transparent about the actual impacts, how much worse it can get, and what they are doing to mitigate this disaster,” said Greenpeace campaigner Jeff Chua.
“More importantly, there must be accountability from the companies involved, especially the owner of the cargo. They must pay for the immediate and long-term damages their business operations have caused, especially in the disruption of livelihoods and access to ecosystem services,” he said.
Gov’t responses
On March 8, President Ferdinand Marcos Jr. ordered the DENR to speed up the cleanup in the affected areas affected by the oil spill.
In a Palace statement, Environment Secretary Antonia Yulo-Loyzaga said “the rate of discharge of oil from the sunken vessel is estimated between 35,000 to 50,000 liters a day.”
She added that the oil spill in Antique and Semirara Island was continuing to spread.
Models of the National Oceanic and Atmospheric Administration show that Naujan and Pola in Oriental Mindoro would be the hardest hit, the Presidential Communications Office (PCO) said.
Loyzaga said “the vessel owner’s insurance provider has offered to bring in a ship from China to plug the leak of the vessel.”
She said that around P60 million has been set aside for the cash-for-work program of the Department of Labor and Employment for families affected by the oil spill.
The Palace said the DENR is also coordinating with local government units, the vessel owner, and the Department of Social Welfare and Development on “potential additional source of funds for the cash-for-work program as assistance to the affected residents.”
Social Welfare Secretary Rex Gatchalian said the areas to be given the temporary means of livelihood include the towns of Bansud, Bongabong, Bulalacao, Gloria, Naujan, Pinamalayan, Pola and Roxas in Oriental Mindoro; Caluya in Antique; and Agutaya in Palawan.
The Japanese government has sent a Disaster Relief Expert Team on oil removal and control, including 5 from Japan’s Coast Guard, to support the Philippine government’s efforts. It is sending oil blotters, oil snares, and oil-proof working gloves for the cleanup.
The Philippine government is also looking into whether this year’s Balikatan exercises between the Philippines and the US can be tapped for cleanup drives in areas affected by the oil spill.
Projected damage
Meantime, the UP Marine Science Institute (UP MSI) has estimated that the oil spill would impact 20,000 hectares of coral reef, 9,900 ha. of mangroves and 6,000 ha. of seagrass in Oriental Mindoro, Palawan, and Antique in the Visayas, with around half of the “potentially affected reefs (11,000 ha.) in the Cuyo group of islands, Palawan.
Based on the institute’s modeling as of March 5, the projected spill would continue to the Cuyo group of islands and “will get closer to northern Palawan mainland in about a week’s time.” World-renowned Amanpulo Resort is located in the Cuyo group of islands, Palawan.
UP MSI said Karagatan Patrol, an online platform for illegal fishing activities, mapped the areas affected by the oil spill based on verified reports of oil slick sightings and onshore deposits.
“Patterns of oil sighting strongly coincide with the oil spill trajectory model of the UP MSI,” it said.
The UP MSI added, however, that “the model results are model forecasts and accuracy is difficult to determine,” and “does not account for dispersion, evaporation, emulsification, and degradation of the oil and assumes that the oil behaves like persistent buoyant particles.”
On March 12, UP MSI said that based on its simulation focusing on the tanker’s location from March 10 to 16, “with continuous release of oil from the alleged seepage location, most of the oil will end up along Naujan coast and Pola Bay.”
It also warned: “However, due to the weakening Amihan, some of the oil may flow northwards towards the Verde Island Passage by March 16, affecting coastal areas of Calapan, Verde Island, and some parts of Batangas. The oil spill threatens the global center of marine biodiversity located in the Verde Island Passage (VIP).”
In a disclaimer, UP MSI said the model was based on “weathering characteristics of the bunker oil and a seepage rate of 1,000 barrels per day,” adding that “these assumptions…are based on best available information.”
In a forum on March 9, Ram Joseph Temeña of the Provincial Disaster Risk Reduction Management Office in Oriental Mindoro, said 111 barangays with fisherfolk and 19,556 affected families from Nauhan to Bulalacao, Oriental Mindoro are affected by the oil spill.
Mayor Mary Jean Te of Libertad, Antique, in the same forum, said, “We’re worried na mag-shift ang hangin at mapunta dito sa amin ang (that the wind would change direction towards us) oil spill. It’s tuna season here in our area and tons of fish are being caught through sustainable fishing. We have the biggest number of mangroves and well-managed coastal resources here in northern Antique.”
In a separate statement, Father Edwin Gariguez, a Catholic priest who has been active in environmental causes in Oriental Mindoro, said that at least 18,000 fisherfolk in Oriental Mindoro “have been robbed of their livelihood” with fishing activities put on hold.
He also warned of food insecurity in the coming years for the affected communities.
“We call on the Philippine government for most urgent action to contain the spill, assess the severity of damage, and prioritize the welfare of impacted communities who must receive livelihood support and protection from health impacts,” he said.
“We also demand accountability from the owner of MT Princess Empress, RDC Reield Marines Services, and the fuel supply it contains.”
The Senate committee on environment, natural resources, and climate change, chaired by Senator Cynthia Villar, is set to hold a hearing on Tuesday, March 14 on the Mindoro oil spill. – with reports from Ralf Rivas and Dwight de Leon/Rappler.com
The national government has been pressed to hold MT Princess Empress’ owner accountable for the oil spill in the waters of Naujan, Oriental Mindoro, that may affect as many as 21 marine protected areas.
The call came days following the sinking of the ill-fated oil tanker vessel last Wednesday, carrying a load of 800,000 liters or 210,000 gallons due to engine trouble.
The Philippine Coast Guard later determined the spillage was a mixture of industrial fuel oil.
PCG spokesperson vice admiral Armand Balilo said Friday that any legal action to be taken against the operator would be determined after a proper and thorough investigation.
“We assure them due process. After that, then we will come to the filing of appropriate cases,” Balilio said.
However, farmer and fisherfolk Rep. Wilbert Lee contended that government should run after the owner of the sunken vessel due to concerns that crucial protected areas are put at risk and that containment, cleanup, and rehabilitation of impacted areas are necessary.
“The livelihood of many fishermen in Mindoro and other provinces surrounding the contaminated sea will be in peril,” said the solon.
Aside from pursuing those responsible, Lee argued that the government should act promptly to aid and provide temporary work to the fishers impacted by the oil spill.
The PCG earlier declared that all maritime activities in the waters near four towns in Oriental Mindoro are suspended due to the spread of the oil spill.
According to the PCG’s report, the oil spill has now reached Western Visayas, with fuel traces discovered in Caluya, Antique.
Meanwhile, Congress is gearing up to pass a supplemental budget to mitigate the effects of the disaster, a move it made in 2006 when it granted at least P5.4 billion in supplemental appropriations to sectors affected by the Guimaras oil spill.
It remains the most destructive after the oil tanker MT Solar 1, carrying more than two million liters of bunker fuel, sank off Panay Island’s southern coast during a violent storm.
A Philippine oil tanker, which sank off the coast of Naujan, Oriental Mindoro and caused a major oil spill in nearby areas, is insured for $1 billion, according to a government official.
The ship, named MT Princess Empress, capsized on Feb. 28 while carrying 800,000 litres of industrial oil. It sank the following day after experiencing engine trouble and was not found until Monday.
Covered for “every incident”
Maritime Industry Authority (MARINA) spokesperson Sharon Aledo said in an interview that the ship is owned by RDC Reield Marine Services (RDC) and is covered by a $1 billion protection and indemnity insurance that has coverage for “every incident,” including an oil spill.
Aledo noted that the regulatory body met with the owners of the shipping company, who told MARINA that the Princess Empress was insured. She also affirmed that the RDC president is Reynaldo Cabial, and that the shipping company has a valid Certificate of Public Convenience for the sunk oil tanker.
She added that it was “incumbent” on the RDC to file an insurance claim following the oil spill. A report from the Philippine Coast Guard on Friday noted that eight drums of “oily waste” have already been collected from the site of the sinking near the coast of Sitio Sabang, Barangay Tinogboc, Caluya, Antique. The clean-up efforts were temporarily halted to ensure the health and safety of the Coast Guard’s response team.
In the aftermath of the incident, MARINA has suspended the shipping company’s safety certificate and has also issued a show cause order to explain what happened. Aledo urged the shipping company to attend to the affected coastal communities since that is part of their responsibility.
In response to this, a high-ranking official of the RDC shipping company participated in a closed-door meeting with government officials to assure that it would not evade responsibility. RDC vice president for administration and external affairs Fritzie Tee expressed “the company’s commitment to address the clean-up and containment of the oil spill.”
MANILA, Philippines – The Japanese government is sending oil control experts from its coast guard to aid in Philippine efforts to respond to the oil spill in Oriental Mindoro.
Japanese Ambassador Kazuhiko Koshikawa made the announcement on Wednesday, March 8, saying that experts arriving include those who specialize in oil removal and control.
“We are one with you in these trying times,” Koshikawa said.
Coastal communities are among those hardest hit by a February 28 oil spill, where a tanker carrying 800,000 liters of industrial oil capsized off the coast of Naujan.
MANILA, Philippines – The oil tanker MT Princess Empress, which sank off Naujan, Oriental Mindoro with 800,000 liters of industrial oil, is insured for $1 billion which the ship owner should claim, a regulatory official said on Tuesday, March 7.
In an interview on TV5, Sharon Aledo, spokesperson of the Maritime Industry Authority (MARINA), said the MT Princess Empress, owned by RDC Reield Marine Services (RDC), is covered by a $1 billion Protection and Indemnity Insurance for “every incident” including an oil spill.
Aledo said MARINA has met with the shipping company owners who told regulators that the ship was insured. She said RDC’s president is Reynaldo Cabial, and the shipping company has a valid Certificate of Public Convenience for MT Princess Empress.
She said it was “incumbent” on the shipping company to file an insurance claim following the oil spill.
PRESIDENT Ferdinand "Bongbong" Marcos Jr. has promised to provide assistance to those affected by the oil spill brought on by the sinking of a tanker in Oriental Mindoro.
In a statement, the President said that affected families and individuals will receive assistance from the Department of Social Welfare and Development (DSWD).
"The government, through the Department of Social Welfare and Development, is prepared to provide various forms of assistance to families and individuals affected by the oil spill caused by the submerged MT Princess Empress in Oriental Mindoro," Marcos said.
The President said the government, with the Philippine Coast Guard (PCG) serving as the lead agency, is closely monitoring the developments.
He said the Department of Environment and Natural Resources (DENR) is likewise working with the International Maritime Organization and the Department of the Interior and Local Government (DILG) to provide support and determine specific needs.
"Special attention will be given to the affected fisherfolks who will be losing their source of livelihood because of the oil spill," Marcos said.
"We also thank the private corporations like Petron and Shell, who have offered their help by lending us the needed equipment to mitigate the impact of the oil spill," he added.
On February 28, the PCG reported an oil spill from the MT Princess Empress, which capsized off the coast of Naujan earlier that day, carrying 800,000 liters of industrial fuel oil as cargo.
Reports indicated that the vessel experienced engine trouble brought by overheating while in transit to Iloilo province from Bataan province, causing it to drift towards Balingawan Point in Naujan.
It then partially sank due to rough sea conditions until it fully submerged on Wednesday.
Twenty crew members of the MT Princess Empress crew were rescued.
Meanwhile, the National Disaster Risk Reduction and Management Council ordered the creation of a task force that will monitor the impact of the oil spill.
Task force member-agencies include the Mimaropa offices of the DENR, DILG, DSWD, Department of Health, Bureau of Fire Protection, Philippine National Police, PCG-Southern Tagalog District, Armed Forces of the Philippines Southern Luzon Command and Mimaropa local government units.
By Joyce Ann L. Rocamora and 'Philippine News Agency
MANILA – The Philippine government is looking at tapping Japan to help contain a rapidly spreading oil spill in Oriental Mindoro, a result of the tanker M/T Princess Empress capsizing off the coast of Naujan town on Feb. 28.
Transportation Secretary Jaime Bautista on Saturday said the Philippine Coast Guard (PCG) is working with relevant agencies to contain and recover the slick but the spill has already reached another area in the province.
A PCG report also said the oil leak was starting to affect three villages in Caluya, Antique.
“’Yung Coast Guard nandoon. Tinitignan nila kung papaano pigilan pa ‘yong pagkalat ng langis. Sana ay huwag umabot sa Verde Island dahil ito ay protected area natin (Our Coast Guard is there and monitoring how it could further prevent the spill from spreading. Hopefully, it will not reach Verde Island, which is a protected area),” Bautista said at the Saturday News Forum in Quezon City.
Verde Island is located between Batangas province and Puerto Galera in Oriental Mindoro.
“Siguro ay hihingi kami ng tulong sa Japanese government dahil nabanggit sa akin na malaki ang kakayahan ng Japanese government na matulungan tayo para hindi masyadong kumalat ang oil spill na ito sa ating islands sa Mindoro (We’re looking at asking the Japanese government for help because I was told that it has the capacity to assist us),” he added.
The University of the Philippines Marine Science Institute (UP-MSI) estimated that 20,000 hectares of coral reef, nearly 10,000 hectares of mangroves, and 6,000 hectares of seagrass are at risk in 21 municipalities across Oriental Mindoro, Occidental Mindoro, Palawan, and Antique.
Among these are Calapan, Puerto Galera, and Bulalacao in Oriental Mindoro; San Jose in Occidental Mindoro; and Coron in Palawan.
In an earlier bulletin, the UP-MSI said the spill might reach the southern tip of Mindoro in a matter of days, given the direction of the wind and waves.
Other efforts being done to help understand the spill include hydrodynamic modeling to determine where the oil might end up given the wind and currents in the area, the institute said.
Bautista, meanwhile, said an investigation is underway on the sunken tanker, which was carrying about 800,000 liters of fuel oil, and which reportedly capsized due to engine trouble.
“Ang sinasabi napakalakas daw ng alon. Mabuti at ‘yong mga crew ay nasagip ng dumadaang sasakyan. Iyon ay iniimbestigahan pa ng MARINA (They said it was due to the strong waves. It’s fortunate that the crew were safe after they were rescued by a passing ship. MARINA [Maritime Industry Authority] is now investigating this),” he said.
Mindoro and Palawan are home to world-famous dive sites, known for their rich marine biodiversity, coral reefs, and sea creatures.
MANILA (UPDATE) - The oil spill from the sunken oil tanker in Oriental Mindoro has reached Caluya, Antique, the Philippine Coast Guard said Saturday.
According to a report from the PCG District Western Visayas, the oil spill was monitored in the shorelines of the following areas in Caluya town:
Sitio Sabang, Brgy. Tinogboc (1km)
Liwagao Island, Brgy. Sibolo (2km)
Sitio Tambak, Brgy. Semirara (2km)
A clean-up in those areas is currently ongoing, the PCG said.
The MT Princess Empress sank with its cargo of 800,000 liters of industrial fuel oil as it sailed into rough seas off Naujan, Oriental Mindoro on Tuesday.
The PCG said the vessel could be 300 meters under the sea, but expert divers could only reach 180 meters deep.
The PCG advised residents from four municipalities in Oriental Mindoro to avoid fishing activities due to possible oil hazards.
In Liwagao Island, around 150 families or 600 residents have been affected by the oil spill, the agency said.
GOVERNMENT ASSISTANCE
President Ferdinand Marcos Jr. on Friday said the government is prepared to provide aid to families and individuals affected by the oil spill.
"Special attention will be given to the affected fisherfolk who will be losing their source of livelihood because of the oil spill," he said.
In a statement, the Department of Social Welfare and Development said Secretary Rex Gatchalian will lead the distribution Saturday of aids under the agencfy’s Assistance to Individuals in Crisis Situations and cash-for-work programs.
Gatchalian said over 7,000 affected families in Naujan, Pola, Pinamalayan, Bongabong, Gloria, and Bansud in Oriental Mindoro have already started receiving family food packs on Friday in coordination with Oriental Mindoro Governor Bonz Dolor.
He said the number of affected families may reach 10,000.
“This will be a sustained endeavor while the oil spill prevents our fisher folk from conducting their regular livelihood activities,” Gatchalian said.
The DSWD MIMAROPA has prepositioned more than P78.9 million worth of standby and stockpile funds composed of some 42,400 family food packs, and standby funds amounting to P7.2 million which can be tapped for augmentation, the agency said.
The tanker Princess Empress, carrying some 800,000 litres of fuel oil, sank off the Philippines on 28 February after engine trouble. The crew of the tanker were rescued, but an oil spill has ensued with a task force now trying to contain it.
According to the Philippine Coast Guard (PCG), the Princess Empress departed from Bataan en route to Iloilo with twenty crew members (including the master) and approximately 800,000 liters of industrial fuel oil on board. It then encountered engine trouble due to overheating.
As a result, the vessel drifted towards the vicinity waters off Balingawan Point, Naujan, Oriental Mindoro, due to rough sea conditions until it became half-submerged. The PCG later revealed the vessel is now fully submerged. It is positioned on the eastern side of Mindoro Island at an estimated distance of 8 to 12 nautical miles.
A foreign vessel that was in the area, MV Efes, has rescued the vessel’s crew before the vessel sank with no injuries reported. They were transported to Subic, Zambales.
Oil spill response
On 1 March, the PCG reported an oil spill had occurred, with oil covering an area of 6 kilometres long and 4 kilometres wide. Later, the organisation confirmed the presence of a much thicker and darker oil spill at about 7.4 nautical miles southwest off Balingawan Point, Naujan.
An oil spill response has been initiated with one of the coast guard tugs equipped with oil spill recovery equipment, the MTug Titan, starting to spray oil dispersants in the area. In addition, The Department of Environment and Natural Resources (DENR) created a task force to deal with the spill.
The PCG is leading the taskforce and has also mobilised certified oil spill response organisations to support their operations. PCG is installing spill booms to protect the locally-managed marine protected areas. In addition, mechanical recovery of spilled oil in waters off Naujan town is underway.
The shipping company that owns MT Princess Empress, RDC Reield Marine Services Inc., has begun retrieval operations and arranged for the help of Malayan Towage and Salvage Corporation (MTSC) in addressing the oil spill in the area.
On 2 March, oil has also been found along the shoreline of Barangay Buhay na Tubig in Pola, Oriental Mindoro. Teams haven been sent to this location to initiate clean-up.
Cargo could cause wider oil spill
So far, water samples have only confirmed the presence of the diesel oil used by Princess Empress, according to the PCG, but it is also carrying industrial oil that is much thicker than diesel and more harmful to the local marine wildlife.
CG spokesperson Rear Adm. Armando Balilo: ‘We need to remove this because it can spill at any time and could become an environmental catastrophe.’ If the incident worsens, he says the country may also reach out to past partners in oil spill exercises like Indonesia and Japan.
Further aerial surveillance will take place in the coming days to assess the situation. 21 locally-managed marine protected areas (LMMPAs) can potentially be affected due to oil spillage.
Negligence
Possible negligence on the part of the shipping company is being looked at and may result in charges being filed following an investigation.
Picture (top): Oil spill being monitored from the sky (photo: Philippine Coast Guard).
The Philippine Coast Guard (PCG) said Wednesday, March 1, that it has prepositioned all of its available assets to help in the retrieval of motor tanker (MT) Princess Empress which sank off Naujan, Oriental Mindoro while carrying 800,000 liters of industrial fuel oil as cargo.
Rear Admiral Armando Balilo, PCG spokesperson, said BRP Melchora Aquino, a 97-meter multi-role response vessel, and tugboat Titan were deployed in the area with sonar and oil spill boom while the Coast Guard Aviation Force conducted aerial inspection in the area to pinpoint the location where MT Princess Empress capsized on Feb. 28 and prevent the oil spillage from spreading.
The motor tanker sank 11 nautical miles from the municipal waters of Naujan, affecting the livelihood of the fishing community there, but its exact location underwater was not determined yet.
So far, the oil spill involving the diesel oil of the motor tanker already spread into the municipal waters of Naujan, particularly at Balingawan Point, with an estimated area of six kilometers long and four kilometers wide from the initial observation of five km long and 500 meters wide on Tuesday.
“Wala pang pangamba o panganib na madudulot ito sa yamang-dagat doon sa kabuuan ng incident area pero ang pinangangambahan ay kapag tumagas ‘yung industrial fuel oil. Ito ‘yung malapot kaya magiging problema ito (There is no threat yet to the marine resources in the incident area but what’s feared is if the industrial fuel oil spills. This is the sticky oil so it will be a problem),” Balilo said in a radio interview with dzBB.
Balilo said the diesel fuel can easily dissipate under the heat of sun or when hit by big waves because its particles are thin. Industrial fuel oil is different because its particles are thick and can harm fish, coral reef, and other marine resources.
The industrial fuel oil are cargoes onboard the MT Princess Empress which also sank underwater when the tanker’s engine overheated after being hit by huge waves while sailing off Naujan. The tanker was traveling from Bataan to Iloilo when it encountered bad weather around 2 a.m Tuesday.
“Kailangan pong tanggalin siya kasi anytime ito ay tatagas at magiging environmental catastrophe (We need to remove it [industrial fuel oil] because it can spill anytime which can lead to an environmental catastrophe),” Balilo stressed.
Lessons from Guimaras oil spill
Balilo said they already have the capability and experience to respond to massive oil spill incidents after the 2006 Guimaras oil spill. It can be recalled that MT Solar 1 sank off the coast of Guimaras on Aug. 11, 2006 which resulted to an oil spillage of more than 2.1 million liters of bunker fuel.
“Kung nakita natin ang barko, ang plano is hahatakin ito malapit at isasadsad. Kung kaya sa port, dadalhin para masipsip ang krudo. Ang problema wala na tayong makita, ang pwede na lang gawin mag-abang ng oil spill at makipag-usap sa company kung may salvage operation na gagawin (If only we have seen the ship, our plan is to tow it near the shore and ground it. If possible, we can bring it to the port so we can suck the crude oil. The problem is that we can no longer see it, and what we can only do now is to wait for an oil spill and talk to the company if there is a salvage operation),” he said.
The shipping company of MT Princess Empress, RDC Reield Marine Services, Inc., is leading the retrieval operations for the sunken motor tanker while the PCG is assisting them. The shipping company also contracted a towing company, Malayan Towage, to assess the oil spillage in the area.
“Mayroon naman silang arrangement sa salvage companies, mayroon silang oil spill response pero nandyaan din ang PCG at tinatap naming ang mga kumpanya ng langis na may oil spill response para pagtulung-tulungan na (They have an arrangement with salvage companies, they also have an oil spill response but the PCG is there and we already tapped oil companies with oil spill response capabilities to help),” Balilo said.
If worse comes to worst, Balilo said they can ask for assistance from other countries where they teamed up for oil spill response exercises in the past like Japan and Indonesia.
“Kung talagang masayadong malaki, maging karatig-bansa tumutulong kung talagang ‘di masawata. Pero sa tingin ko naman ay handa tayo at hopefully ang preparation namin ay maayos at enough (If it [oil spill] is really massive, even neighboring countries can help if we cannot really suppress it. But I think we are prepared and hopefully our preparation is orderly and enough),” he noted.
The PCG will also investigate if there is negligence on the part of the shipping company so appropriate charges could be filed.
Meanwhile, the 20 crew members of MT Princess Empress have been brought to Subic, Zambales by MV Efes, a foreign vessel which rescued them, so they can be given appropriate medical attention.
Residents of Naujan were also advised by the PCG to keep their distance from the municipal waters due to the possible hazards posed by the oil spillage to their health and livelihood.
THE Maritime Industry Authority (Marina) required all registered ships engaged in domestic trade to be classed to ensure safety at sea.
Marina issued Memorandum Circular MS-2023-02 or the new guidelines on local ship classification to all shipowners, bareboat charterers, ship operators, ship managers, recognized organizations, local classification societies, shipbuilding and ship repair entities, boat builders and boat repair entities, and other maritime entities.
The Maritime Industry Authority is requiring Philippine-registered ships engaged in the domestic trade to be classed by MARINA-accredited classification societies
MARINA Memorandum Circular No. MS-2023-02 covers all ships, whether existing or to be acquired or constructed, and subsequently registered under the Philippine flag and operated in the domestic trade
Some exclusions are wooden-hulled ships; fishing vessels, including fish carriers; and cargo ships less than 100 gross tonnage
The Maritime Industry Authority (MARINA) is requiring Philippine-registered ships engaged in the domestic trade to be classed by MARINA-accredited classification societies (MACS) with a valid Certificate of Accreditation (COA).
All ships, whether existing or to be acquired or constructed, and subsequently registered under the Philippine flag and operated in the domestic trade are covered by MARINA Memorandum Circular (MC) No. MS-2023-02. Signed by Marina administrator Hernani Fabia on February 14, 2023, the order takes effect 15 days after its publication in a newspaper of general circulation on February 22.
Excluded from coverage of the order are these type of ships:
wooden-hulled ships
fishing vessels, including fish carriers
cargo ships less than 100 gross tonnage (GT)
passenger/passenger-cargo ships less than 50 GT or carrying below 50 passengers
government-owned vessels not engaged in commercial trade
tugboats and dredgers less than 10 GT
propelled/non-propelled barges less than 100 GT
non-propelled barges regardless of size operating in the bay or river trade
recreational boats less than 100 GT
other ships which are holders of an exemption certificate relative to the issuance of Certificate of Public Convenience (CPC) or a MARINA letter expressly exempting from securing CPC
MACS refers to an organization authorized by MARINA to conduct classification services for ships engaged in the domestic trade per MARINA MC MS-2020-01, as amended.
MC MS-2020-01 provides the revised rules on accrediting classification societies and entities for the purpose of classification of ships in the domestic trade.
There are currently seven classification societies accredited as MACS.
All ships covered by MC No. MS-2023-02 require classification upon registration, should be class-maintained and should carry a valid Certificate of Classification at all times during its operation.
Companies may apply to any MAC with valid COA for the ship plans approval, conduct of survey during ship construction and commissioning to verify its design, structures, machineries, equipment and propulsion machineries are built and installed in compliance with the approved standards.
The MACS will only accept application and engage in classification services of ships with type of hull material, type/class of ships, and navigational area as stipulated and authorized under its COA.
Companies, shipowners, operators, managers, shipbuilders, ship repairers, boatbuilders, and boat repairers covered by MC MS-2023-02 who violate or fail to comply with its policies and guidelines will be subject to administrative fines and penalties after due process.
New ships for construction, to include existing vessels undergoing conversion, modification and re-building, with application already filed to MARINA for plans approval at the time of the effectivity of MC MS-2023-02 will be required to submit plans approved by the MACS where the ship is intended to be classed prior approval.
For new ships under construction at the time of effectivity of MC MS-2023-02, the company should immediately apply for classification of the ship under construction and the approval of its plans to MACS where the ship is intended to be classed, and the conduct of construction will continue in accordance with the approved ship plans.
Newly-constructed ships at the time of effectivity of MC MS-2023-02 and all existing vessels will be required to be classed on the next immediate drydocking schedule or within one year upon the MC’s effectivity, whichever comes later.
All ship safety certificates to be issued by MARINA to newly-constructed and existing ships should have the validity of not more than the given period of compliance from the date of effectivity of MC MS-2023-02, except if found to be compliant with the classification requirements.
Certificates bearing the full-term validity will be issued upon compliance with the classification requirement taking into account the validity of the interim certificate issued. – Roumina Pablo
The newly accredited groups are DNV AS Philippine Branch; RINA Classification and Certification Philippines Inc.; Lloyd’s Register Asia; and KR Manila Representative Office
Their certificates of accreditation are valid until April 2027
The accreditation came after a moratorium on such accreditations lapsed
The Maritime Industry Authority (MARINA) has accredited four classification societies for ships in the domestic trade.
DNV AS Philippine Branch; RINA Classification and Certification Philippines Inc.; Lloyd’s Register Asia; and KR Manila Representative Office are accredited under MARINA Circular (MC) MS-2020-01. Their certificates of accreditation are valid until April 2027.
The four join other International Association of Classification Societies (IACS) members Bureau Veritas SA, American Bureau of Shipping, and Class NK, accredited under MC MS-2020-01 in 2021.
Under MC MS-2020-01, local classification societies refer to an organization authorized by MARINA to conduct classification services for ships engaged in the domestic trade.
The accreditation of the four classification societies follows the lifting of a moratorium on such groups from February 9 to May 10, 2022 under MARINA Advisory No. 2022-09.
MARINA, through MA 2021-08, suspended the accreditation of classification societies and entities with similar purposes after the effectivity of MC MS-2020-01 lapsed on October 16, 2021.
MC MS-2020-01, issued in October 2020, contains revised rules on accrediting classification societies and entities for the purpose of classification of ships in the domestic trade. The circular aims to enhance accreditation of local classification societies and monitor their performance to ensure the safe operation of domestic ships.
Moreover, under MA 2021-35, members of IACS who wish to engage in the classification of ships involved in domestic trade were also required to secure accreditation under MC MS-2020-01.
During MC MS-2020-01’s one-year period of implementation until October 16, 2021, no non-IACS member local classification society was able to secure accreditation, while only three IACS members were accredited.
In a January 14, 2022 letter, the Philippine Liner Shipping Association requested MARINA to lift the moratorium.
Philippine Inter-island Shipping Association executive director Pedro Aguilar told PortCalls the moratorium lifting is important because classification is required by carriers’ protective and indemnity (P&I) coverage clubs, or by some clients such as petroleum companies.
Many domestic shipping vessels, particularly old ones, are accredited by non-IACS member local classification societies.
Aguilar said shipping lines can either transfer from a local classification to an international classification, but this may be difficult and costly, especially for old vessels.
Or they could undergo an additional ship survey by MARINA to get a Ship Survey Certificate (SSC), as advised by MA 2021-62.
Aguilar noted, however, that MARINA will have to issue a memo or advisory stating that the SSC is equivalent to a local classification so that the shipping lines’ P&I coverage clubs and clients requiring classification will honor the SSC. – Roumina Pablo
国際トン数証書（Internacional de Arqueo or the International Tonnage Certificate no.69 0871 ）は、
the Panama Bureau of Shipping
が発給したものであった。（事実３）これは「ソーラー１」が二重国籍であることを意味する。
安全構造証書（Cargo Ship Safety Construction Certificate ）の有効期限は2006年6月7日に切れていた。
（事実４）
「MARINA allowed the overloading the vessel. The tanker also lost its reserve buoyancy
after it was allowed by MARINA to load more weight compared to that allowed by private classification society Bureau Veritas.
The Bureau Veritas recommended load line was 1,220 millimeters, but the MARINA-approved certificate allowed the Solar I had a 700-mm load line.
The lower the load line, the more weight the vessel could carry.」
Last 14 September 2006, the Special Board of Maritime Inquiry (SBMI) of the Department of Transportation and Communications, through its Secretary, released its findings and recommendations on the largest oil spill in Philippines history.
This SBMI report on the tragic incident that has affected four towns in Guimaras Island and two towns in Iloilo Province, thereby contaminating fishing grounds, beaches, sea-grass beds and seaweed farms, is a tragedy in itself.
I am appalled by the deliberate haste with which the report was done in a matter of two weeks. This has resulted in a haphazard report, which has only raised more questions rather than answers.
According to the SBMI:
PETRON is liable for overloading of industrial fuel oil, thereby causing instability of the vessel and rendering it unseaworthy for the voyage;
Sunshine Maritime Development Inc., the alleged disponent owner of the vessel is also liable for completely disregarding all mandated regulations, policies and requirements for the seaworthiness of the vessel;
The ships captain is administratively liable for not having the necessary training to handle oil tankers, for making an erroneous decision to set sail from Guimaras despite the bad weather, and failing to ensure the vessels seaworthiness; and
MARINA and Philippine Coast Guard (PCG) were found to have committed lapses in the performance of their duties.
Mr. President, on paper these findings are all in order. But are they telling us the real story behind this tragedy? They are not.
The MT Solar 1 was a vessel destined to create havoc. From the moment it entered Philippine waters, its seaworthiness had been severely compromised and prejudiced.
Allow me now to tell the real story behind this tragedy. I shall begin it with a fact a ship is presumed to be built to be seaworthy.
In the case of Santiago Lighterage Corporation vs. Court of Appeals (GR no.139629, dated 21 June 2004), our Supreme Court defined seaworthiness when it said,
A vessel must have that degree of fitness which an ordinary, careful and prudent owner would require his vessel to have at the commencement of her voyage, having regard to all the probable circumstances of it. Thus, the degree of seaworthiness varies in relation to the contemplated voyage. Crossing the Atlantic calls for stronger equipment than sailing across the Visayan sea. It is essential to consider that once the necessary degree of seaworthiness has been ascertained, this obligation is an absolute one, i.e., the undertaking that the vessel is actually seaworthy. It is no excuse that the ship owner took every possible precaution to make her so, if in fact he failed.
Mr. President, when an unfortunate incident strikes, there are supposed to be safety nets that should prevent its occurrence and ensure the seaworthiness of the vessel. These maritime safety nets consist of the following:
The crew of the vessel;
The ship owner;
The cargo owner; and
The government of the flag state.
On all counts, the safety nets that should have prevented MT Solar 1 from sinking in the waters of Guimaras Island on 11 August 2006 failed. Mr. President, it was, in ordinary parlance, a systems failure.
This failure was overlooked by the SBMI. We ask why? Is it being done to hide from the people the liabilities of the agencies in government, or is it a cover-up or an attempt to whitewash another maritime tragedy?
The liability of the vessel crew
At the time of the occurrence, MT Solar 1 was manned by eighteen (18) people led by its Master Captain Norberto Aguro. Two (2) of them remain missing and are presumed to have died with the sinking of the vessel.
We now know that, while Captain Aguro had completed the Advance Training Program on Chemical Tanker Operations, he does not have Advance Training on Oil Tanker Operations which is required for the Master on board oil tanker. Thus, his Certificate of Competency (COC) limits him to serve on board chemical tankers only. He has had experience as Master on board foreign flagged chemical and LPG tanker vessels, but none on board an oil tanker.
The SBMI in their report said that, this lack of training and qualifications of the captain of the vessel was further compounded by his making an erroneous decision to set sail from Guimaras despite the mildly inclement weather, and failing to ensure the vessels seaworthiness.
A maritime expert has offered up the following opinion, which I would like to read into the record:
Nearing the southern tip of Panay, the vessel developed a starboard list after being battered by waves (obviously wave heights in excess of her freeboard) that can damage and compromised exposed deck fittings such as vent valves, etc., Correctly, the captain seeked shelter in Iloilo but could not drop anchor as the windlass was grounded. So, afloat and drifting, the crew pumped out the chain locker and other spaces to bring the ship to even keel. I do not know if the captain satisfied himself that after pumping out to the vessel, what was the cause of the list or ingress of water. Did he deal with and feel safe enough to continue the voyage? It is my opinion that the vessel at that time had already sustained some structural failure not normally noticed except through an underwater inspection. The vessel should not have sailed without first carrying out repairs on the windlass and verifying the cause of the listing. The ship was no longer seaworthy by virtue alone of not being able to anchor because of the windlass deficiency. Quite often, against the better judgment of a Captain on the scene, pressures are brought to bear that compel the vessel to take short cuts and suffer the consequences.
These can be the demands from the owner or cargo owners and oftentimes aggravated due to incentive bonuses to deliver the goods.
Mr. President, this professional opinion, as well as other information that we have come into light, suggests that the sinking of the vessel was not due to her lacking a double hull. It is almost certain that water entered the cargo compartments or other spaces causing the vessel to lose buoyancy. Double hull vessels offer some protection but only in the event of shallow water grounding or minor collisions at slow speeds. This is especially true of small vessels such as our inter-island tonnage where the keel to inner bottom distances are not significantly deep. On the other hand, double hulled vessels are more prone to retain explosive gases in the void spaces and therefore more dangerous especially when carrying flammable and volatile petroleum products. Cataclysmic explosions can wreck a tanker and cause a major oil spill.
The liability of the ship owner
Who is the real beneficial owner of the vessel? How was the vessel brought into the country? Was she chartered and if so, where are the enabling documents to allow for taxes and fees including a waiver to engage in cabotage trade?
Was the vessel imported into the country? Was the vessel bareboat chartered to Philippine operators and if so, under what authority? Were the appropriate taxes such as the 4.5 % bareboat taxes paid?
This is what we know so far. During the hearing conducted last August 4 by the Senate Committee on Environment, the owners of Sunshine Maritime Development Inc., admitted the following:
The ship is registered in Panama;
Sunshine Maritime Development Inc., does not own the vessel. They are only the disponent owners of the vessel. They are only lease purchasing it. According to the 24 August 2005 decision of the MARINA granting the Certificate of Public Convenience (CPC), MT Solar 1 is being leased from New Hinase Maritime S.A., for a period of only eight years, or up to December 2009.
This is supported by the fact that, based on the records of French Classification Society - Bureau Veritas, the ship is owned by New Hinase Kisen Inc., and not Sunshine Maritime Development, Inc.
How can a ship that is of foreign registry ply Philippine waters carrying Philippine cargo owned by a corporation with substantial government interest? This act is a violation of section 6 of Republic Act 9295 which provides that, No foreign vessels shall be allowed to transport passengers or cargo between ports or places within the Philippine territorial waters, except upon the grant of special permit by the MARINA when no domestic vessels is available or suitable to provide the needed shipping service and public interest warrants the same.
What were the considerations involved in allowing the vessel to carry cargo along Philippine waters?
Is the exception now the rule?
Mr. President, assuming that, the vessel was chartered under a bareboat program, the MARINA should still be held accountable for violating its own rules. Under MARINA Memorandum Circular no. 42 series of 1998, a company may be allowed to bareboat charter a maximum of two (2) vessels only, in excess of the two, the company must place an additional paid-up capital based on the size of the vessel. A qualification that Sunshine Maritime Development Corporation failed to comply.
The liability of the cargo owner
The owner of the cargo, PETRON, has been silent on how it engaged the vessel. Was the vessel time-chartered? Was it on a contract of affreightment? On a consecutive voyage charter? Or a single charter? In any case, any of these types of charters vests some control in PETRON as to the movement of the vessel, how to prosecute a voyage, where to load, where to discharge cargo, and even which type of cargo to carry and the quantities to load.
The fact that, the SBMI has established that PETRON overloaded the vessel proves its liability. The New Hinase alias Solar I was found to be overloaded considering that it left Bataan with a draft of 5.1 meters, when it was only supposed to have a draft of 4.85 meters.
Draft refers to the distance between the bottom of the tanker and the portion that is level with the water line. An increased draft indicates a heavier load.
Petron was found to have overloaded the tanker because it was only supposed to fill it up to 98-percent capacity, but computations showed it loaded the Solar I up to 98.7-percent capacity.
The tanker also lost its reserve buoyancy after it was allowed by MARINA to load more weight compared to that allowed by private classification society Bureau Veritas.
The Bureau Veritas recommended load line was 1,220 millimeters, but the MARINA-approved certificate allowed the Solar I a mere a 700-mm load line. The lower the load line, the more weight the vessel could carry.
The SBMI also found that the compartments in the front of the vessel were filled with approximately 75 tons of seawater, while the top deck was filled with about 200 tons of seawater, thereby increasing the load on the tanker and contributing to its sinking
This fact of overloading the vessel cannot be downplayed, in the light of evidence gathered by a remotely operated underwater vehicle that surveyed the wreck found a triangular hole on the left side of the New Hinase alias Solar I, along with scratches and open valves on its cargo hold.
If PETRON allowed this overloading, did it also allow the pilferage of its own cargo ? As a corporation where our people has substantial interest in, this is a clear case of economic sabotage.
The liability of Government
Beyond the liabilities of the crew, the ship owner and the cargo owner, the greater liability rests on the agencies of government mandated by law to ensure compliance with safety standards and regulations.
To the SBMI that conducted the investigation, the liabilities are mere lapses. This is condemnable. I shall not mince words in calling this report as another bureaucratic exercise of white washing and covering up the truth to evade liability.
This tragedy has resulted in the death already of a child who died of inhaling the toxic fumes emitted by the oil spill, the death of two (2) crew members of the vessel, and substantial damages to the environment and the Filipino people, which are incapable of pecuniary estimation.
These are not just lapses. These are serious crimes which deserve punishment.
I base this on the following facts which cannot be denied:
MARINA allowed the registration of the vessel without exercising due diligence. In Certificate of Vessel Registry Number 047182 dated 14 April 2005, we note that there is no mention at all that, the vessel was modified or converted. If only the MARINA had diligently done its duty, they could have easily seen that the New Hinase alias MT Solar 1 was a converted vessel.
Its former names were New Hinase and Chie Maru no.8. According to Lloyds Register of Shipping Vessels, the MT Solar was initially a tanker in 1988 under the name Chie Maru no.8. In 1989, it was converted into a Chemical Tanker under the name New Hinase. From a Chemical Tanker, it was again reconverted into an oil tanker presumably in the Philippines. This is highly questionable and anomalous. Ang laki, ang haba at ang bigat ng barko ay pabago-bago.
Is it just possible that the vessel during conversion may have had structural alteration, i.e. enlargement of tank spaces, removal of separation bulkheads and if so, were these carefully assessed to insure that the hull girder strength, structural integrity and stability characteristics were maintained or altered to meet the contemplated service? Were there tests performed after conversion, and sea trials conducted to ascertain that the statical stability, deadweight and loadline are in accordance with current class and state regulations.
MARINA allowed the vessel to ply Philippine waters despite the fact that, it was already suspended from its class. This is highly anomalous. The New Hinase alias MT Solar 1 was suspended from its class by Bureau Veritas from December 29, 2005 to July 2006, and yet when it was suspended, it was allowed to travel and move cargo eighteen (18) times from the Port of Lamao, Limay, Bataan to various points of destination such as Iloilo, Cagayan de Oro, Davao, Cebu, Iligan and Leyte. Under normal circumstances, a vessel that has been suspended from its class should be grounded and not allowed to travel.
This is consistent with international law provisions such as the United Nations Convention on the Law of the Seas (UNCLOS). Under UNCLOS, once a ship is registered, the flag State has certain duties laid out. In particular, under Article 94, the flag State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag and take such measures for ships flying its flag as are necessary to ensure safety at sea..
By allowing the New Hinase alias MT Solar 1 to travel despite its suspension from class, MARINA directly violated section 22 of Republic Act 9295 which provides that, All vessels, whether newly built or previously owned, which are acquired on or after the effectivity of this Act be classified by a government recognized classification society on the date of acquisition prior to its operation in the domestic trade.
MARINA allowed the registration of the vessel despite the fact that, it was only provisionally classed by international classification society Bureau Veritas. In Provisional Classification Certificate no. MNL0/JBL/20060125917 AM, the ship New Hinase alias Solar 1 owned by New Hinase Kisen Co., Ltd., was provisionally classed for its hull and machinery only from April 2006 to 6 October 2006.
MARINA allowed the registration of a foreign owned vessel. All documents prove that it is foreign owned. In the Certificado Internacional de Arqueo or the International Tonnage Certificate no.69 0871 issued by the Panama Bureau of Shipping, the port of registry of the New Hinase alias Solar 1 is Panama.
This is in violation of section 6 of Republic Act 9295 and its Implementing Rules and Regulations issued on November 30, 2004 which provides that, No foreign vessels shall be allowed to transport passengers or cargo between ports or places within the Philippine territorial waters, except upon the grant of a special permit by the MARINA when no domestic vessels is available or suitable to provide the needed shipping service and public interest so warrants.
MARINA allowed the vessel to ply Philippine waters despite the fact that, its Cargo Ship Safety Construction Certificate had already expired. The Cargo Ship Safety Construction Certificate of the New Hinase alias MT Solar 1 expired on 07 June 2006. The oil spill incident occurred on 11 August 2006. This is in violation of Section 5, Rule VI of the Implementing Rules and Regulations of Republic Act 9295, which requires that, All ships are required to carry on board the relevant or applicable ship safety certificates as specified in Section 7.1.7 of Rule IV. Under Section 7.1.7, subsection a.2, a cargo ship safety certificate is required.
MARINA allowed the overloading the vessel. The tanker also lost its reserve buoyancy after it was allowed by MARINA to load more weight compared to that allowed by private classification society Bureau Veritas. The Bureau Veritas recommended load line was 1,220 millimeters, but the MARINA-approved certificate allowed the Solar I had a 700-mm load line. The lower the load line, the more weight the vessel could carry.
The MARINA officials who knowingly or unknowingly facilitated these acts should be held criminally and administratively liable. Our laws are clear.
Section 3 of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act punishes and declares as unlawful, the act of causing any undue injury to any private party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
Mr. President, all these woes besetting the maritime industry are the result as well of the apparent absence of any clear delineation of responsibility in maritime administration. It is so fragmented and there is competition as to different functional jurisdictions. The lack of inter-agency cooperation and coordination are the primary causes of why a safe shipping industry can hardly make strides forward.
We have an alphabet soup of government agencies undertaking maritime administration, namely:
Philippine Coast Guard;
Maritime Industry Authority (MARINA);
Philippine Ports Authority;
Maritime Training Council (established pursuant to the Letter of Instruction no.1404 signed by President Marcos in January 11, 1984)
National Maritime Safety Coordinating Council (established pursuant to Executive Order no.314 signed by President Ramos last March 28, 1996)
Department of Foreign Affairs
Philippine National Police
Coast and Geodetic Survey Department of the National Mapping Research and Information Agency (NAMRIA)
Bureau of Fisheries and Aquatic Resources
The overlapping of functions and competition among these agencies has only resulted in confusion.
While the MARINA, under Republic Act 9295, is the principal government agency tasked for the development of the shipping industry, it is undermanned and not technically competent. There are 600 ports all over the country, and yet there are only a total of 500 people in MARINA.
Mr. President, I submit that a comprehensive review on the maritime industry is in order. The absence of laws on safety standards in the Philippines shipping industry is not the reason why the maritime industry is being compromised, it is the lack of coordination and enforcement. And as the endless maritime disasters have proven, this has led to further corrupt practices which result in the loss of life and the reckless and wanton destruction of our environment and natural resources.
Let us begin with the matters which demand resolution. With regards to the incident involving MT Solar 1, I therefore ask that:
The OMBUDSMAN conduct a fact finding investigation on why MARINA allowed a foreign registered vessel managed by a fly by night company without any proven track record to transport cargo in Philippine waters, when there are legitimately registered Philippine vessels available; the circumstances on why it allowed a converted vessel to operate in Philippine waters; and why it allowed a vessel with a crew holding expired certifications and lacking training to operate an oil tanker. Pending investigation, I ask that the Ombudsman place the concerned officials under preventive suspension.
The Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC) conduct an investigation on Sunshine Maritime Development Inc., particularly its payment of taxes and duties in connection with the entry of a foreign registered vessel.
The Securities and Exchange Commission (SEC) to pierce the veil of corporate entity of Sunshine Maritime to determine its real owners and ensure prosecution under the Anti-Dummy Law;
A Special Board of Inquiry be created. We cannot trust MARINA and the Coast Guard to make an independent determination of the cause and circumstances in the sinking of the vessel, because it is their negligence and corruption which allowed this incident to happen.
Over the long term, I ask that the Senate seriously consider the passage of a bill creating an Oil Spill Liability Fund based on the United States Oil Pollution Act.
Under the Oil Pollution Act of 1990, the owner or operator of a facility from which oil is discharged (also known as the responsible party) is liable for the costs associated with the containment or cleanup of the spill and any damages resulting from the spill. The Environmental Protection Agency's (EPA) first priority is to ensure that responsible parties pay to clean up their own oil releases. However, when the responsible party is unknown or refuses to pay, funds from the Oil Spill Liability Trust Fund can be used to cover removal costs or damages resulting from discharges of oil.
The primary source of revenue for the fund will be a reasonable charge on per barrel fee on imported and domestic oil. Other revenue sources for the fund include interest on the fund, cost recovery from the parties responsible for the spills, and any fines or civil penalties collected.
I believe that my distinguished colleagues will be particularly interested in the establishment of such a fund, Mr. President. There is much to do, and much that can still happen; and much will need to be undertaken if we are to make up for the executives having been caught so flat-footed by this disaster.
I also ask that, the Senate act on the pending maritime conventions that has yet to be ratified. According to reports, there are forty eight (48) maritime conventions and treaties, and yet the Philippines has ratified only eleven (11).
Finally, I ask that the Senate consider a review on the respective mandates, duties and responsibilities of the MARINA and the PCG. Republic Act 9295 has effectively emasculated the PCG, and yet the agency that took over its functions has proven to be ineffective.
Mr. President, where the executive has substituted rhetoric for substantive action, not much can be done, except to deny the executive credit for behavior for which little if no credit is due.
We have all marveled at how Filipinos from all walks of life have tried mightily, and sincerely, to do something, anything, to lend a helping hand. From hair to donations, everyone has been willing to do something. But it is governments job to harness our national energies, consolidate our national efforts, and provide direction to our official activities.
The executive has focused, as it always does, on what is on the surface; in this case, the oil slick, without thinking of the many other things it ought to consider, and without a coordinating effort to consolidate the various actions that must be done. I would even go as far as saying that the Secretary of the Environment displayed instincts more environmentally sound than the chief executive. He said, and rightly so, that bacterial agents should be used for cleaning up oil spills. But the President of the Philippines has given more consideration to Petron, than she has to either our scientific or environmental communities; she has been more interested in appearing busy, than applying herself to coordination, evaluation, and action.
The incident involving the New Hinase alias Solar 1 is a microcosm of our state of affairs. Whether it be the issue of political killings, human rights abuses, charter change and electoral reforms, the executive has chosen instead to just ride the waves and ensure its own political survival to the detriment of the people.
So we must take up the slack; we must provide leadership where there is none; and we must look to the interest of our maritime industry, our confused and demoralized maritime authorities, and a frightened and outraged citizenry. We must lead; we must act; we must deliberate and be deliberate in doing what is required of us.
In the end, this too shall pass and the unrighteous shall fall.
Sen. Jamby Madrigal today strongly criticized the results of the inquiry on MT Solar 1 sinking that led to the Guimaras oil spill saying it had traces of a grand cover-up and a whitewash.
According to the Senator, the SBMI report on the August 11 incident was haphazardly done in two short weeks thereby raising more questions rather than answers. Calling the findings of the inquiry catastrophic as the tragedy itself, she has called for a thorough unearthing of facts behind the incident.
To the SBMI that conducted the investigation, the liabilities are mere lapses. This is condemnable. This tragedy has resulted in the death already of a child who died of inhaling the toxic fumes emitted by the oil spill, death of two (2) crew members of the vessel, and other damages to the environment and the Filipino people, which are incapable of pecuniary estimation. They are not lapses. They are crimes which deserves punishment, Senator Madrigal said.
Under the law, MARINA officials who knowingly or unknowingly facilitated these acts can be held criminally and administratively liable. Section 3 of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act punishes and declares as unlawful, causing any undue injury to any private party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
In a privilege speech, Senator Madrigal emphasized that the MT Solar 1 was a vessel destined to create havoc from the moment it entered Philippine waters since its seaworthiness has been severely compromised and prejudiced. She based her points on the following undeniable facts:
MARINA allowed the registration of the vessel without exercising due diligence. In Certificate of Vessel Registry Number 047182 dated 14 April 2005 , there is no mention at all that, the vessel was modified or converted. If MARINA had diligently done its duty, they could have easily seen that the New Hinase alias MT Solar 1 was a converted vessel. Its former names were New Hinase and Chie Maru no.8 . According to Lloyds Register of Shipping Vessels, the MT Solar was initially a tanker in 1988 under the name Chie Maru no.8. In 1989, it was converted into a Chemical Tanker under the name New Hinase . From a Chemical Tanker, it was again reconverted into an oil tanker presumably in the Philippines .
MARINA allowed the vessel to ply Philippine waters despite the fact that, it was already suspended from its class . This is highly anomalous. The New Hinase alias MT Solar 1 was suspended from its class by Bureau Veritas from December 29, 2005 to July 2006, and yet when it was allowed to travel and move cargo eighteen (18) times from the Port of Lamao, Limay, Bataan to various points of destination such as Iloilo, Cagayan de Oro, Davao, Cebu, Iligan and Leyte. Under normal circumstances, a vessel that has been suspended from its class should be grounded and not allowed to travel. This is consistent with international law provisions such as the United Nations Convention on the Law of the Seas (UNCLOS). Under UNCLOS, once a ship is registered, the flag State has certain duties laid out. In particular, under Article 94, the flag State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag and take such measures for ships flying its flag as are necessary to ensure safety at sea.. By allowing the New Hinase alias MT Solar 1 to travel despite its suspension from class, MARINA directly violated section 22 of Republic Act 9295 which provides that, All vessels, whether newly built or previously owned, which are acquired on or after the effectivity of this Act be classified by a government recognized classification society on the date of acquisition prior to its operation in the domestic trade.
MARINA allowed the registration of the vessel despite the fact that, it was only provisionally classed by international classification society Bureau Veritas. In Provisional Classification Certificate no. MNL0/JBL/20060125917 AM, the ship New Hinase alias Solar 1 owned by New Hinase Kisen Co., Ltd., was provisionally classed for its hull and machinery only from April 2006 to 6 October 2006.
MARINA allowed the registration of a foreign owned vessel. All documents prove that it is foreign owned. In the Certificado Internacional de Arqueo or the International Tonnage Certificate no.69 0871 issued by the Panama Bureau of Shipping, the port of registry of the New Hinase alias Solar 1 is Panama. This is in violation of section 6 of Republic Act 9295 and its Implementing Rules and Regulations issued on November 30, 2004 which provides that, No foreign vessels shall be allowed to transport passengers or cargo between ports or places within the Philippine territorial waters, except upon the grant of a special permit by the MARINA when no domestic vessels is available or suitable to provide the needed shipping service and public interest so warrants.
MARINA allowed the vessel to ply Philippine waters despite the fact that, its Cargo Ship Safety Construction Certificate had already expired. The Cargo Ship Safety Construction Certificate of the New Hinase alias MT Solar 1 expired on 07 June 2006 . The oil spill incident occurred on 11 August 2006 . This is in violation of Section 5, Rule VI of the Implementing Rules and Regulations of Republic Act 9295, which requires that, All ships are required to carry on board the relevant or applicable ship safety certificates as specified in Section 7.1.7 of Rule IV. Under Section 7.1.7, subsection a.2, a cargo ship safety certificate is required.
MARINA allowed the overloading the vessel. The tanker also lost its reserve buoyancy after it was allowed by MARINA to load more weight compared to that allowed by private classification society Bureau Veritas. The Bureau Veritas recommended load line was 1,220 millimeters, but the MARINA-approved certificate allowed the Solar I had a 700-mm load line. The lower the load line, the more weight the vessel could carry.
Given these facts, Senator Jamby Madrigal has sought for a four-pronged top to bottom investigation of the Guimaras oil spill involving the Solar 1 tanker to resolve unanswered questions revolving around the tragic incident. These are:
The Ombudsman conduct a fact finding investigation on why MARINA allowed a foreign registered vessel managed by a fly by night company without any proven track record to transport cargo in Philippine waters, when there are legitimately registered Philippine vessels available; the circumstances on why it allowed a converted vessel to operate in Philippine waters; and why it allowed a vessel with a crew holding expired certifications and lacking training to operate an oil tanker. Pending investigation, I ask that the Ombudsman place the concerned officials under preventive suspension.
The Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC) conduct an investigation on Sunshine Maritime Development Inc., particularly its payment of taxes and duties in connection with the entry of a foreign registered vessel.
The Securities and Exchange Commission (SEC) to pierce the veil of corporate entity of Sunshine Maritime to determine its real owners and ensure prosecution under the Anti-Dummy Law.
A Special Board of Inquiry be created. We cannot trust MARINA and the Coast Guard to make an independent determination of the cause and circumstances in the sinking of the vessel, because it is their negligence and corruption which allowed this incident to happen.
Senator Madrigal was quick to add that the incident involving the New Hinase alias Solar 1 is a microcosm of our state of affairswhether it be the issue of political killings, human rights abuses, charter change and electoral reforms, the executive has chosen instead to just ride the waves and ensure its own political survival to the detriment of the people.
She urged her fellow Senators to take up the slack; to provide leadership where there is none; to look into the interest of our maritime industry, the confused and demoralized maritime authorities, and a frightened and outraged citizenry. We must lead; we must act; we must deliberate and be deliberate in doing what is required of us, Madrigal stressed.
Madrigal上院議員はＨＰで下記の事実を指摘している。
MARINA allowed the registration of the vessel without exercising due diligence. In Certificate of Vessel Registry Number 047182 dated 14 April 2005 , there is no mention at all that, the vessel was modified or converted. If MARINA had diligently done its duty, they could have easily seen that the New Hinase alias MT Solar 1 was a converted vessel. Its former names were New Hinase and Chie Maru no.8 . According to Lloyd’s Register of Shipping Vessels, the MT Solar was initially a tanker in 1988 under the name Chie Maru no.8. In 1989, it was converted into a Chemical Tanker under the name New Hinase . From a Chemical Tanker, it was again reconverted into an oil tanker presumably in the Philippines .
MARINA allowed the vessel to ply Philippine waters despite the fact that, it was already suspended from its class . This is highly anomalous. The New Hinase alias MT Solar 1 was suspended from its class by Bureau Veritas from December 29, 2005 to July 2006, and yet when it was allowed to travel and move cargo eighteen (18) times from the Port of Lamao, Limay, Bataan to various points of destination such as Iloilo, Cagayan de Oro, Davao, Cebu, Iligan and Leyte. Under normal circumstances, a vessel that has been suspended from its class should be grounded and not allowed to travel. This is consistent with international law provisions such as the United Nations Convention on the Law of the Seas (UNCLOS). Under UNCLOS, once a ship is registered, the flag State has certain duties laid out. In particular, under Article 94, the flag State must “effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag” and take “such measures for ships flying its flag as are necessary to ensure safety at sea…..” By allowing the New Hinase alias MT Solar 1 to travel despite its suspension from class, MARINA directly violated section 22 of Republic Act 9295 which provides that, “All vessels, whether newly built or previously owned, which are acquired on or after the effectivity of this Act be classified by a government recognized classification society on the date of acquisition prior to its operation in the domestic trade.”
MARINA allowed the registration of the vessel despite the fact that, it was only provisionally classed by international classification society ? Bureau Veritas. In Provisional Classification Certificate no. MNL0/JBL/20060125917 AM, the ship ? New Hinase alias Solar 1 owned by New Hinase Kisen Co., Ltd., was provisionally classed for its hull and machinery only from April 2006 to 6 October 2006.
MARINA allowed the registration of a foreign owned vessel. All documents prove that it is foreign owned. In the Certificado Internacional de Arqueo or the International Tonnage Certificate no.69 0871 issued by the Panama Bureau of Shipping, the port of registry of the New Hinase alias Solar 1 is Panama. This is in violation of section 6 of Republic Act 9295 and its Implementing Rules and Regulations issued on November 30, 2004 which provides that, “No foreign vessels shall be allowed to transport passengers or cargo between ports or places within the Philippine territorial waters, except upon the grant of a special permit by the MARINA when no domestic vessels is available or suitable to provide the needed shipping service and public interest so warrants.”
MARINA allowed the vessel to ply Philippine waters despite the fact that, its Cargo Ship Safety Construction Certificate had already expired. The Cargo Ship Safety Construction Certificate of the New Hinase alias MT Solar 1 expired on 07 June 2006 . The oil spill incident occurred on 11 August 2006 . This is in violation of Section 5, Rule VI of the Implementing Rules and Regulations of Republic Act 9295, which requires that, “All ships are required to carry on board the relevant or applicable ship safety certificates as specified in Section 7.1.7 of Rule IV.” Under Section 7.1.7, subsection a.2, a cargo ship safety certificate is required.
MARINA allowed the overloading the vessel. The tanker also lost its reserve buoyancy after it was allowed by MARINA to load more weight compared to that allowed by private classification society Bureau Veritas. The Bureau Veritas’ recommended load line was 1,220 millimeters, but the MARINA-approved certificate allowed the Solar I had a 700-mm load line. The lower the load line, the more weight the vessel could carry.
A tanker which sank last month causing the Philippines' worst-ever oil spill might have been holed by another vessel while illegally off-loading at sea, investigators said Monday.
Evidence gathered by a remotely operated underwater vehicle that surveyed the wreck found a triangular hole on the left side of the Solar 1, along with scratches and open valves on its cargo hold, a justice department official said.
The 988-ton Solar 1 plunged to the ocean floor on August 11, releasing tens of thousands of gallons of oil that destroyed a marine reserve, ruined local fishing grounds and covered stretches of coastline in black sludge.
Two crew members are missing and presumed dead in the accident, which a maritime inquiry blamed on overloading and the inadequate training of its captain, Norberto Aguro.
The vessel was carrying 500,000 gallons of industrial fuel oil on board.
Justice Undersecretary Fidel Exconde said the video evidence prompted a fresh inquiry into the possibility that its hull had been "punctured" by another ship.
He said in a memorandum to Justice Secretary Raul Gonzalez made available to the press that video evidence "bolster the theory that another ship was travelling alongside Solar 1 when it sank and it probably caused the triangular hole in the hull."
These findings "also point out the possibility that the unknown vessel travelling alongside Solar was engaged in [cargo stealing] operations," Exconde said.
Exconde said the video evidence will be studied by prosecutors further.
Cargo owner Petron Corp., meanwhile, denied the tanker was overloaded when it left the company's refinery in Bataan province.
"Our records show that the loaded volume was 2.19 million liters or 98 percent of the ship's capacity of 2.24 million liters," the listed refiner's corporate secretary Luis Maglaya said in a letter to the Philippine Stock Exchange.
Petron said it will "continue our clean-up operations and help in the rehabilitation of the affected areas" on the island of Guimaras, where the company said it has cleaned up 214 kilometers of shoreline of 1,588 tons of debris.
REPRESENTATIVES from the Maritime Industry Authority on Tuesday defended the amount of load it allowed the Solar I tanker to carry, saying that it was still within allowable limits.
But a member of the Special Board of Marine Inquiry believed that letting the Solar I carry more load affected its stability and contributed to its sinking on August 11 while loaded with 2.1 million liters of oil.
The incident caused a massive oil spill that affected Guimaras and Iloilo.
Marina naval architect Carlos Odi testified Tuesday that the tanker’s Marina-approved freeboard, which refers to the distance between the main deck of the vessel and the portion of it level with the water line, was within the allowed limit and also let the tanker carry more load and earn more revenue.
The Marina-approved freeboard was lower than that specified by private classification society Bureau Veritas, which had inspected the tanker. A higher freeboard means there should be less load on the vessel.
When asked during the SBMI hearing what he thought was the effect of adding more load to the Solar I, Odi answered: “I think that is the revenue.”
He said that with the Marina-approved freeboard, the tanker could have a 98 percent load, whereas with the Bureau Veritas freeboard, the load was only 70 percent.
But he added that the 700 millimeter freeboard the Marina approved was still within the load line convention.
Marina engineer Bobby Carpio, who sits at the SBMI but also took the witness stand Tuesday, testified that the Bureau Veritas certificate designating the 1,220-millimeter freeboard was only valid for a single voyage, which was the tanker’s delivery from Japan to the Philippines.
Carpio also said the original freeboard of the tanker was 550 millimeters, which was even lower than the Marina-approved one.
Odi was also asked about the Solar I exceeding its designated draft, which refers to the distance between the waterline and the bottom of the ship, with a longer draft indicating extra weight.
He acknowledged that given the tanker’s reported draft, it was “slightly overloaded.”
But Carpio said any overloading of the Solar I would be the responsibility of the captain and the refinery that chartered the tanker, which was the Petron Corp.
SBMI member Commodore Benjamin Mata, for his part, said he believes the reduction of the freeboard, even while within allowable limits, “definitely” contributed to its sinking.
THE Maritime Industry Authority on Monday defended the amount of load it allowed the Solar I tanker to carry, saying that it was still “within allowable limits.”
But a member of the Special Board of Marine Inquiry (SBMI) said allowing the Solar I to carry a larger load affected its stability and contributed to its sinking on August 11.
The sinking of the tanker, which was carrying 2.1 million liters of oil, triggered one of the worst oil spills in the country, which continues to affect Guimaras and Iloilo provinces.
Marina naval architect Carlos Odi testified on Monday that the tanker's agency-approved freeboard, which refers to the distance between the main deck of the vessel and the waterline, was within allowed limits.
He acknowledged the freeboard also allowed the tanker to carry a larger load and, thus, earn more revenue.
But the Marina-approved freeboard was lower than that specified by the private classification society Bureau Veritas, which inspected the tanker.
Asked during hearing what he thought was the effect of adding more cargo onboard the Solar I, Odi answered: "I think that is the revenue."
He said that with the Marina-approved freeboard, the tanker could have a 98 percent load, whereas with the Bureau Veritas freeboard, the load was only 70 percent.
One of the four Japanese incorporators of Sunshine Maritime Development Corporation (SMDC), owner of the ill-fated Solar 1 tanker that sank off Guimaras island last August 11, on Friday dissociated himself from the disaster and the ensuing oil spill saying he has divested all his shares in the shipping firm as early as January this year.
Speaking through his Filipino and Japanese interpreters, Hiroyasu Yamaguchi told the Department of Justice (DOJ) that he has already sold all his stock shares for P1 million to SMDC president Clemente Cancio.
Aside from Yamaguchi, the three other Japanese incorporators are Mototsugu Yamaguchi, Tomoki Tsubomoto and Hiromi Irishka.
At the continuation of the hearings on the oil spill, Yamaguchi, listed as director of Sunshine Maritime in the articles of incorporation, presented to the DOJ panel a notarized document that he had sold his shares for the same amount that he had put up for the company's start-up capital in 2001.
The sale of the shares coincided with his 65th birthday, in which he considered himself retired. He also said his other businesses were not doing so good so that he decided to divest his shares.
"I turned 65, my physical condition is not good. I have hypertension and have a hearing problem. My mother is living alone, so I decided to sell my shares. I no longer have any relation with the company, but if I could do anything to help the problem, I will do so," he said.
DOJ Undersecretary Ernesto Pineda, which heads the task force, asked him why the Securities and Exchange Commission (SEC) was not furnished a copy of the notarized document.
The panel also showed a copy of Sunshine's list of officers for 2005, in which Yamaguchi was listed as treasurer. Under the Anti-Dummy Law, foreigners are prohibited from holding positions in a company higher than director, but Yamaguchi merely said he was not aware of the policy.
"Ignorance of the law is no excuse. The penalty for violation of the law is five to 15 years' imprisonment," said DOJ Undersecretary Fidel Exconde, a member of the panel, pointing out that the 1987 Constitution also allows only up to 40 percent of a domestic company's capital to be provided by foreigners.
Exconde further said of the P5.5 million in start-up capital of SMDC, P4 million, or 73 percent of this came from the four Japanese incorporators, who put in P1 million each.
The DOJ also cast doubt on the authenticity of Yamaguchi's notarized document of sale of shares and his claim that his businesses weren't doing well. He said Sunshine itself was spending P6 million a month for oil alone.
Pineda said the deed of sale submitted by Yamaguchi appeared to be so new that it could be fake. "I wonder that this paper was very new. I wonder if you really signed this in January 2006," he asked Yamaguchi.
Earlier, the DOJ task force has put the blame on the oil spill on Solar I Captain Norberto Aguro and his crewmen. Petron Corporation officials may be liable for the civil offense of negligence in choosing an unsuitable oil tanker.
Meanwhile, Maritime Industry Authority (Marina) administrator Vicente Suazo, Jr., who also testified Friday, said it is the responsibility of the Philippine Coast Guard (PCG) to conduct pre-departure inspection on all sea vessels before leaving a port.
"The Coast Guard is enforcing the pre-departure inspections of the vessels on our behalf as provided under the Memorandum of Agreement that we had entered with them because we have no enough personnel to do it," Suazo said.
Suazo said the vessel owners, on the other hand, are the ones who should make sure that they are not hiring ship captains with expired license. "The owners of the vessels are the ones hiring and it is their responsibility to make sure that the ship captains that they hire have an existing license," he said.
Owners of the M/T Solar 1 oil tanker could face problems in paying off claimants of the Guimaras oil spill due to possible rejection of their insurance claims, TV Patrol World reported Wednesday.
Stronghold Insurance Company Inc. (SICI) cancelled the hull and machineries insurance policy of Solar 1 after the tanker's owners, Sunshine Maritime Development Corp., failed to settle the premium.
The report said SMDC could also forfeit its shipping liability claims for violating seafaring laws.
Solar 1, carrying at least two million liters of oil, sank off Guimaras Islands last August 11. Officials said the oil spill had polluted at least 220 kilometers of coastline, fishing grounds, marine reserves and tourist spots.
Hundreds of fishermen in the island were deprived of their livelihood because of the oil spill and hundreds of Guimaras residents were hauled to evacuation centers to avoid the toxic hazards brought by the spilled oil.
SICI executive vice-president Romulo de los Reyes said SMDC took a hull and machineries policy worth P20 million for the Solar 1 last February. He added that SMDC failed to settle its premium worth P211,990.
"We have to have payment for the policy so it will be in effect," he said, adding that SICI had already informed the Insurance Commission about the rejection of the claim.
SMDC president Clemente Cancio said the company will file charges against the insurance firm. "We used to be late in paying the premium but it was never a problem until now," he said.
Another insurance claim worth $301 million with the Shipowners’ Mutual Protection and Indemnity Association in Luxembourg could also
be rejected after SMDC violated seafaring laws.
The rule states that "there shall be no right of recovery of any claim from the Association if it arises out of willful misconduct on the part of the insured."
SMDC earlier admitted before a Special Marine Board of Inquiry that it allowed Captain Norberto Aguro to man the Solar 1 despite his failure to renew his license.
SMDC rejected the TV Patrol World report, saying that the insurance company had already sent representatives to Guimaras to assess the claims.
Oil smuggling eyed in Solar 1 sinking
The Special Board of Marine Inquiry on Wednesday said it is eyeing oil smuggling as the possible cause of the sinking of the Solar 1.
Two cargo surveyors hired by Petron Corp., who chartered the Solar 1, told investigators that some vessels steal bunker oil from oil tankers and sell it illegally.
The oil smuggling theory surfaced after the board viewed footage of the sunken tanker, which showed extensive damage to its side. One of the holes on the ship's hull was triangular, which a board member said could have been caused by a collision with the anchor of another vessel.
Surveyors and the ship's captain denied the allegation.
The board also questioned why the hatch cover that led into the compartments was unsealed. Cargo surveyors insisted that all the valves and covers were locked and sealed before they set sail.
The board clarified that oil smuggling is only one of the many possibilities that it is studying on the possible cause of the tanker's sinking.
President Arroyo on Wednesday ordered the Department of Justice to build an "air-tight" case against the captain of the sunken M/T Solar 1 and officials of Petron Corp. and SMDC.
"No one culpable in this national tragedy shall walk away scot-free," Press Secretary Ignacio Bunye said in a statement.
He said that the filing of cases against people allegedly responsible for the oil spill should be a reminder to oil companies and firms engaged in oil and chemical transport to cooperate with government agencies and institutions about their operations.
Mrs. Arroyo also announced that Reserved Officer Training Corps cadets and college students will soon join in cleaning up the coastlines tarnished by the oil spill.
She signed Executive Order 559 creating the Metro Iloilo-Guimaras Economic Development Council, which will be composed of local government officials, regional heads of departments and other government offices and representatives from nongovernmental organizations.
She said the development council would consolidate and coordinate efforts, services and resources of local and regional officials that could lead to the rehabilitation of Guimaras and nearby provinces suffering damage from the oil spill.
She said that on Thursday the task force head, Defense Secretary Avelino Cruz, would reveal the recommendations of the Japanese survey ship on how to prevent the remaining oil in the Solar 1 from leaking.
Bacolod group scores Petron
In Bacolod City the president of the Philippine Reefs and Rainforest Foundation scored Petron officials for declaring that the worst of the Guimaras environmental disaster "is behind us."
In a press conference, Gerry Ledesma said the danger that the tanker could break and release more oil "remains imminent and can pose danger to our prized reefs."
Ledesma said under threat are the Sulu Sulawesi region, the Tubbataha Reef in Palawan and the reefs in nearby southern Negros Occidental which directly faces Guimaras Island.
Negros officials led by Gov. Joseph Maranon have passed a resolution demanding the "unconditional removal" of the sunken tanker.
Jose Campos, Petron vice-president for marketing, said they have yet to receive the official report from the survey ship Shinsei Maru.
There are three options for salvaging the Solar 1. One is to refloat the tanker, another is to siphon the remaining oil from its hold, and the third is to entomb the wreck in sand or cement.
Campos said a salvage tanker with siphoning equipment might not be available in the region and they will have to scout one in Europe.
THIS September, the Philippines once again joins the other members of the community of nations in the annual observance of Cleanup and Green the World with the Coastal Cleanup of the International Maritime Alliance. President Arroyo has just declared a state of national calamity with the recent sinking of MT Solar 1 off Guimaras Island on August 11 followed by a similar water pollution disaster in Subic. A united collective effort for the coastal cleanup is essential.
By Heherson T. Alvarez, Former Senator and Environment Secretary
But the sinking of Solar 1 and the subsequent oil spill could have been prevented, the release of the oil controlled, and the environmental and health impact easily mitigated through compliance with international antipollution maritime laws and local requirements; speedy disaster-control response by authorities and Petron; and the use of available science and technology to retrieve the remaining oil in the hold of the ship and the cleanup of the oil spill area.
Disregarding these specific guidelines only shows why the Philippines is prone to disasters.
Solar 1 not double-hulled, not double-bottomed
The International Convention for the Prevention of Pollution from Ships, also known as MARPOL Convention of 1973 and 1978, is the main international convention covering the prevention of pollution of the marine environment by ships from operational or accidental causes.
MARPOL Convention requires all transoceanic tankers worldwide to be double-hulled and double-bottomed by 2008, and all interseas tankers like Solar 1 by 2015 to prevent spillage of oil, chemicals and other toxic and hazardous material into the seas.
Of the 7,000 tankers in the Philippines, about 400 are oil tankers and none are double-hulled.
President Arroyo had ordered on August 28 a spot check of all 214,000 tankers plying Philippine seas to verify their seaworthiness. She also instructed Transportation Secretary Larry Mendoza not to wait until 2015 to force interseas tankers to be double-hulled and double-bottomed as MARPOL requires but instead push for a 2008 national deadline.
The Chief Executive also ordered the establishment of sea lanes where the ships carrying dangerous chemicals and oil would be forced to pass, away from tourist and economic centers.
President Arroyo’s forceful order for earlier and immediate compliance with MARPOL standards for rankers and sea lanes is the first step to prevent another oil tanker spill.
Sunshine Maritime and Solar 1 skirted maritime rules
At the Special Marine Board of Inquiry (SBMI), it was established that the company that owns MT Solar 1 violated Maritime Industry Authority (Marina) rules.
The cavalier attitude of tank owners and crew to their dangerous cargo were crucial environmental health and accident risks.
The Department of Justice said it will determine if Sunshine Maritime violated the antidummy laws, which limit foreign participation in key industries as prescribed by the Constitution.
“It appears that the Japanese own the ship. The incorporation papers are in Japanese. Sunshine Maritime’s four Japanese directors’ names appear in the Japanese firm’s articles of incorporation,” it declared.
Because of this disturbing pattern of Marina and even rules of the Securities and Exchange Commission being flouted by both oil tanker owner and crewmembers, it was a wise move by President Arroyo to order a review of the licenses of all ship captains and bar those unqualified from sailing to avoid future sea disasters, especially with oil and hazardous cargo tankers.
Effects on the environment
It is disturbing to note that Sunshine Maritime, with a US$600-milliom insurance as required by Petron in its contract with MT Solar 1, and a multibillion decades-old oil-corporation like Petron, took 20 days before bringing in this primal requirement to locate, siphon and/or float the sunken tanker.
As such, the three-week-old oil leak has taken a toll on the environment and the many plant and animal life that thrive in it.
Mangroves expert Resurreccion Sadaba said fish, mollusks and other marine organisms as well as coral reefs have started dying within the roughly 1,000-hectare Taclong National Marine Reserve which took a direct and immediate hit when the tanker sank.
Seedlings and saplings among 90 hectares of mangrove thickets, vital shelters for fish fry, were already showing signs of withering after being suffocated by up to a meter of the bunker oil spill.
It would probably still take six months to two years before the mass destruction of mangroves are visible.
Environmental economist Rodelio Subalde said the Solar 1 damage was not limited to goods like fish stocks. It could have an impact on generations of fishermen.
“It will entail a huge environmental cost such that the destruction in relative terms to major spills like the Exxon Valdez could be close,” Subalde said.
Reynaldo Depasucat, chairman of the Negros Oriental Sangguniang Panlalawigan committee on environment and natural resources, said that there is no reduction of fish catch but fears of oil contamination have brought down sales.
The Fisherfolk Movement-Philippines said Negros Occidental is next to Iloilo City in having the highest municipal marine production at 35,260 metric tons in 2005> It has expressed fears daily fish catch will suffer a drastic drop as Western Visayas braces itself for the ill effects of the Petron/Solar 1 oil spill.
By Nestor P. Burgos Jr., Leila Salaverria
Inquirer
NUEVA VALENCIA, GUIMARAS -- President Gloria Macapagal-Arroyo yesterday directed the Department of Justice (DoJ) to ensure an airtight case against those found liable for the massive oil spill that hit this island.
“As we clean up the coasts and coves of Guimaras with all the intensity we can muster, we will make sure that there will be no whitewash in ferreting out the truth behind the accident,” the President said at the opening of a meeting of the National Disaster Coordinating Council and Task Force Guimaras at the Raymen beach resort.
“No one culpable in this national tragedy shall walk away scot free,” she said.
Justice Secretary Raul Gonzalez said in a press briefing that Petron Corp. officials could be charged with civil liabilities for the oil spill, considered the worst in the country’s history.
He said Petron was aware that the captain of the MT Solar 1, Capt. Norberto Aguro, had three previous violations. Aguro was even ordered replaced but instead an auxiliary captain was assigned to the tanker, he said.
Petron chair Nicasio Alcantara said the company was leaving the findings to the investigating bodies and said it would cooperate in the probe.
A DoJ task force formed to look into the criminal liabilities of parties behind the sinking and oil spill has confirmed findings of the Special Board of Marine Inquiry (SBMI), which is conducting a parallel investigation.
Tanker hole, dent
In Manila, the SBMI said it would look into the possibility that another vessel caused the hole and dent on the sunken tanker, as revealed by video footage taken by a remote-operated vehicle of the Japanese survey ship Shinsei Maru.
Board member Commodore Benjamin Mata, who chaired yesterday’s hearing, told reporters that the hole and dent did not seem to have been caused by waves, especially since the classification society that inspected the Solar I had attested that the tanker’s structure was sound.
“From what we heard, nobody has said the tanker collided with something or they had an experience that could have caused the hole to form. But from what we saw of the hole, it was a big one that could not have formed because of waves hitting the ship. If the tanker was hit by waves, a triangular hole would not have been formed,” he said.
SBMI chair Rear Admiral Danilo Abinoja had earlier said it was unlikely that the hole caused the tanker to sink because it was on the port side. The tanker listed on its starboard side before it sank, he said.
Mata said the board would determine if another vessel could have come near the tanker and collided with it because of the rough seas.
Surveyors testify
“This is all theory on our part. It’s sad that the surveyors said that one of them was sleeping while in Iloilo and the other surveyor was dizzy and could not care about what was taking place around him,” he said.
In yesterday’s hearing, the two cargo surveyors hired by Petron, Anthony Fallet and Raul Melaya, were asked if they had noticed or heard something bumping against the ship. Both said they did not.
They also said they had not known of any pilferage operation involving the Solar I wherein another vessel would sidle alongside the tanker and siphon off part of its fuel cargo.
In Bacolod City, the Negros Occidental Provincial Peace and Order Council and the Provincial Disaster Coordinating Council on Tuesday passed a resolution stressing their “unconditional” demand for the removal of the tanker and its cargo from the site where it sank off.
Gov. Joseph Maranon and the mayors of Negros Occidental province at the PPOC and PDCC meeting said that, unless the tanker is removed, the leak of the sizable amount of its cargo still on board would continue to be a threat, like a Sword of Damocles hanging over Western Visayas. With a report from Carla P. Gomez, Inquirer Visayas
ILOILO CITY ? Experts will come out with their recommendations on what to do with the sunken tanker Solar I by tomorrow, the Coast Guard said yesterday.
"They’re still studying it (the underwater footage)," Coast Guard commander Vice Adm. Arthur Gosingan said yesterday. "The findings and the recommendations will be in by Friday at the earliest."
At Malacanang, President Arroyo vowed yesterday that there will be no whitewash in the investigation into the oil spill that devastated vast fishing grounds and marine reserves off Guimaras island.
"As we clean up the coast of Guimaras with all the intensity we can muster, we will make sure that there will be no whitewash in ferreting out the truth behind the accident," she told Guimaras local officials.
The President ordered Justice Secretary Raul Gonzalez to "ensure an airtight case" against those liable for the oil spill, which has damaged about 220 kilometers of coastline, 450 hectares of mangroves, 1,144 hectares of marine reserves and 116 hectares of seaweed plantations.
Mrs. Arroyo said the disaster has been effectively contained but the cleanup will be intensified with the help of volunteers, including students, from nearby provinces.
"It will take more than an oil slick to sink this island," she said on her third visit to Guimaras.
"Together we will wipe away this smudge to bring back the smile on the face of the people of Guimaras," the President said.
A decision will be made soon on what to do with the tanker and its remaining cargo, she added.
On Tuesday, justice officials recommended the filing of criminal charges for negligence against Norberto Aguro, the tanker skipper, and Clemente Cancio, president Sunshine Maritime Development Corp., the vessel’s owner, in the deaths of two of the 20 crewmen and the damage from the massive oil spill.
The owner of the spilled oil, Petron Corp., the country’s largest oil refiner, could face civil liability, Justice Undersecretary Ernesto Pineda said.
Gosingan said John Walker, the expert hired by Protection and Indemnity Club, the insurer of Solar I, told him that they need time to view the footage of the entire underwater survey conducted by the remote-operated vehicle Hakuyo 2000 last week.
"It’s a 12-hour tape, you know," he said. "So he (Walker) will have to study the entire tape."
Gosingan said the underwater survey was just the first phase, and that they have yet to come up with what to do with the ship.
"We will discuss the options once the findings and the recommendations have come in," he said. "We have to study thoroughly on what is to be done."
It is certain that there will be a salvage ship that would be deployed for Solar I, he added.
Gosingan said some 200,000 to 250,000 of the 2,000,000 liters on board Solar I have already seeped out in the past three weeks since the tanker sank on Aug. 11.
"There are globules coming out," he said.
Gosingan said the PCG has also consulted with a Norwegian salvaging firm on how to refloat sunken ships.
"That would give us an idea on how to support such an operation," he said.
Meanwhile, Gosingan said the PCG will continue to search for the two missing crew members of Solar I, although no bodies were found during the underwater survey.
"We are still looking for them," he said. "For as long as they are not yet located, we have to assume that they’re still alive."
Residents of a coastal barangay in Oton town in Iloilo turned over to the Regional Disaster Coordinating Council a small piece of yellow pad found inside a bottle which was washed ashore.
The letter writer claims that he was one of the survivors of Solar I, and that he is marooned on a remote island, and is asking for help.
In the meantime, Solar I, which lies off the southern coast of Guimaras, continues to leak oil into the sea. ‘Petron won’t shirk from responsibility’
In Bacolod City, Jose Campos, Petron vice president for marketing, said the company will not shirk from its "moral and social responsibility."
"We will be in Guimaras for as long as it takes, even if it takes five years or more to repair the damage done," he told reporters yesterday.
"It is regrettable that we have initially failed to clearly communicate our response efforts, but the oil spill continues to be a matter of serious concern for Petron," he said .
Petron has not been remiss in its moral and social responsibility towards Guimaras and other areas in Western Visayas affected by the oil spill, he added.
Campos denied allegations that Petron has passed on the blame and responsibility to Sunshine Maritime Development Corp. and insurer, Shipowner’s Mutual of Luxumbourg.
"It is not something that we can pass off to anyone else," Campos said.
"Petron remains serious and committed and they will be in Guimaras for as long as it takes. The good name that Petron has built up over the years has been affected. We have worked hard and we will continue to work even harder to resolve the situation."
On calls to boycott Petron products, Campos said this will not solve the problem.
Owners of the M/T Solar 1 oil tanker could face problems in paying off claimants of the Guimaras oil spill due to possible rejection of their insurance claims, TV Patrol World reported Wednesday.
Stronghold Insurance Company Inc. (SICI) cancelled the hull and machineries insurance policy of Solar 1 after the tanker's owners, Sunshine Maritime Development Corp. (SMDC), failed to settle the premium.
Another insurance firm based in Luxembourg could also refuse insurance worth $300 million after the ship's owners allowed an unlicensed captain to man the vessel.
Solar 1, carrying at least two million liters of oil, sank off Guimaras Islands last August 11. Officials said the oil spill had polluted at least 220 kilometers of coastline, fishing grounds, marine reserves and tourist spots.
Hundreds of fishermen in the island were deprived of their livelihood because of the oil spill and hundreds of Guimaras residents were hauled to evacuation centers to avoid the toxic hazards brought by the spilled oil.
SICI executive vice-president Romulo de los Reyes said SMDC took a hull and machineries policy worth P20 million for the Solar 1 last February. He added that SMDC failed to settle its premium worth P211,990.
"We have to have payment for the policy so it will be in effect," he said, adding that SICI had already informed the Insurance Commission about the rejection of the claim.
SMDC president Clemente Cancio said the company will file charges against the insurance firm. "We used to be late in paying the premium but it was never a problem until now," he said.
Another insurance claim worth $301 million at the Shipowners’ Mutual Protection and Indemnity Association in Luxembourg could also
be rejected after SMDC violated one of the insurance company's rules on exclusions.
The rule states that "there shall be no right of recovery of any claim from the Association if it arises out of willful misconduct on the part of the insured."
SMDC earlier admitted before a Special Marine Board of Inquiry that it allowed Captain Norberto Aguro to man the Solar 1 despite failing to renew his license.
SMDC, however, rejected the report, saying that the insurance company had already sent representatives to Guimaras to assess the possible amount of damages.
President Arroyo on Wednesday ordered the Department of Justice to build an "air-tight" case against the captain of the sunken M/T Solar 1 and officials of Petron Corp. and SMDC.
"No one culpable in this national tragedy shall walk away scot-free," Press Secretary Ignacio Bunye said in a statement.
He said that the filing of cases against people allegedly responsible for the oil spill should be a reminder to oil companies and firms engaged in oil and chemical transport to cooperate with government agencies and institutions about their operations.
Representatives of the international service management company that inspected the ill-fated oil tanker MT Solar I on Wednesday testified that the vessel passed all its standards for seaworthiness earlier this year.
Officials of France-based Bureau Veritas (BV) made the statement after finally making an appearance before the Board of Marine Inquiry (BMI) investigating the massive oil spill in central Philippines.
"Based on last attendance on board and all inspection recorded from January to April 2006, in behalf of BV, the vessel (was) structurally fit," said Felicito Quimpo, BV senior surveyor.
In his testimony, Quimpo noted that the MT Solar I was given a class symbol of 1 or I, which means the vessel fully complied with all BR requirements during the inspection.
According to its website, Bureau Veritas specializes in quality, health, safety and environment management. It utilizes a "network that covers 140 countries and includes 600 offices and laboratories."
The BMI last Monday expected Bureau Veritas officials to appear at the investigation, but the latter failed to do so.
Commodore Benjamin Mata, a member of the board, then raised suspicions that there was "something they (Bureau Veritas) are hiding."
Unsettled debt
On Wednesday, Quimpo apologized to the BMI for failing to attend the previous hearing.
He said the BV office in the Philippines was unable to receive the first subpoena on time.
The firm received the second subpoena by fax but its chief executive for BR-Phils, Ming-Chang Wu, was out of the country. The executive is due to return on September 10.
Quimpo noted that Sunshine Maritime Development Corp. (SMDC), owner of the MT Solar I, has yet to pay BV for the last inspection.
He refused, however, to disclose how much Sunshine owes them. SMDC should have settled their dues, Quimpo said, after the receiving an invoice for the completed inspection.
The BV official said SMDC president Clemente Cancio was probably still busy attending to matters related to the oil spill.
Thumbs up
Last Monday, the Philippine Trigon Shipyard similarly attested that the MT Solar I was seaworthy.
Trigon is the Cebu dry-dock from which the tanker had come out in February this year.
It said the ship's construction either met or exceeded standards set by the non-profit International Association of Classification Societies (IACS).
A dry docking superintendent for Sunshine Maritime Development Corp. (SMDC), owner of the MT Solar I, also attested that the vessel was seaworthy when it was inspected on January 7 to February 24.
However, the BMI said then that the SDMC staff should have been able to detect signs of "wear and tear" at the vessel.
MANILA -- 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 must be held liable.
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 told 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 crewmembers remained missing after the sinking of the vessel.
Pineda said the penalties for violation of those laws could 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 crewmembers are at fault unless they are able to present 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 January 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 one that chartered the ship and the 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 crewmembers of the sunken ship for what could be the last panel inquiry on Friday to determine the physical condition of the captain, whether he was 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 ship owners. 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 its fuel to the 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 admitted to the DOJ panel that they only check once every six months if the license of the ship's 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 is 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, which is they implement strictly safety measures for each delivery.
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 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 what 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 clean-up operations and relief assistance to 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 6 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 and rehabilitating 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 human hair, which would be more difficult to contain.
Cruz defended the use of chemical sprayers or dispersants to stop the oil sleek, saying it 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 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.
President Gloria Macapagal-Arroyo would be personally checking the clean-up 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 government agencies concerned for the institution of necessary preventive measures.
"The protection of the environment will always remain a top national priority," he added.
OFFICIALS of a Paris-based organization that certified safety inspections on oil tanker M/T Solar 1 before it sank off Guimaras Island and triggered the worst oil spill in Philippine history snubbed anew a hearing of the Special Board of Marine Inquiry (SBMI) on Monday.
This prompted one of the investigators, Commodore Benjamin Mata, to conclude that company officials could be "hiding something."
The absence of Bureau Veritas officials forced the cancellation of the proceedings Monday morning. They were also invited to previous hearings but they did not attend.
"There is a reluctance on their [Bureau Veritas] part to appear before this court. They must be hiding something," Mata told reporters.
"It [absence] is to their disadvantage. There are questions that we wanted to ask them," he added.
In past testimonies, the ship's crew and owners insisted that the checks made on the M/T Solar 1 were in accordance with international standards as certified by Bureau Veritas (http://www.bureauveritas.com.ph/).
On Monday afternoon, the owner of the shipyard where the M/T Solar 1 had its last "drydocking" or general inspection, testified.
Glenn Dela Torre, president of the Trigon Shipping Yard, told the SBMI that the vessel was of "high standards" as certified by Bureau Veritas.
"Relatively, the structural integrity [of the ship] is of very high standards," Dela Torre said, adding, "It was seaworthy."
Meanwhile, the SBMI chairman, Rear Admiral Danilo Abinoja, said the submersible from the Japanese salvage ship Shin Sei Maru has spotted a possible hole on a tank the left side of the ship.
Abinoja, the vice commander of the Philippine Coast Guard, said investigators wondered why the ship listed to the right before it sank when there was a hole on the left side.
Previously, investigators knew of holes only on the right side of the ship.
Authorities are studying data collected by Shin Sei Maru to determine what to do with the M/T Solar 1 -- siphon off the remaining oil inside it or entomb or refloat the ship.
Since it sank last August 11, the M/T Solar 1 has leaked some 1.3 million liters of bunker fuel into the sea, polluting beaches, fishing grounds, and marine reserves in Guimaras and portions of Iloilo and Negros Occidental provinces.
RESIDENTS who are living along the shoreline of Arevalo and Molo districts are now worried that the city beaches will be affected after the oil sludge has been spotted in six coastal villages here.
Police Regional Office-Western Visayas director Geary Barias Friday made this confirmation after the Philippine Coast Guard informed him that some areas in the two districts are affected with the spill.
The villages affected in Molo are San Juan, Boulevard and Calumpang while those in Arevalo, are Sto. Nino Sur, Sto Nino Norte, and Calaparan.
The residents noticed a brownish greasy substance on the water.
With this, fisherfolks and residents fear that their livelihood would be affected as well as the beaches.
The City Government, through Mayor Jerry Trenas quickly acted to prevent the oil spill from the sunken M/T Solar 1 tanker to reach the city's waters.
Don't Worry
On the other hand, Barias said the residents have nothing to be alarmed of because "it's just only little amount of oil spill unlike in Guimaras."
"Maybe it was carried away by the waves and there's no health hazard to the residents because of the small quantity," Barias said.
Affected
Two days ago, Trenas confirmed that the municipalities of Oton and Tigbauan were affected.
Dumangas Mayor Rolando Distura Friday said that number of areas affected along the coastal towns in northern Iloilo is the same.
"I hope that it would not further damage other barangays (villages)," he said.
Long Time
Meanwhile, after admitting that the country is helpless in addressing accidents like the oil spill, Malacanang said they expect the cleanup to take a while along with the rehabilitation of the areas that have been affected.
Press Secretary Ignacio Bunye said while they welcome recent developments identifying the source of the spill, it would still take some time before it is completely resolved.
"The cause of the crisis is now in full view. We are well on the way of sealing any more leaks and offloading the oil as directed by President Gloria Macapagal-Arroyo. This may take a long time but we are confident that a comprehensive rehabilitation plan, supported by all stakeholders will mop up this spill," he said.
His statement came at the heels of President Arroyo's admission that the Philippines is helpless in addressing accidents as big and as serious as the oil spill.
The Philippines even needed the assistance of foreign countries in the cleanup as well as in the relief assistance for the affected places and residents.
Bunye however assured that the government, through Task Force Guimaras, remains on top of the situation, including environment, health and justice issues.
"The government will sustain all socioeconomic interventions until the communities are back on their feet. At the same time, this experience will leave us enduring lessons not to repeat this man-made calamity again," he said.
He also assured that those found responsible, including those who may have been lax or too lenient in their duties, would be dealt with accordingly.
Lieutenant Commander Harold Alder, Philippine Coast Guard station commander, assured residents of Iloilo that only oil sheen had been found in the coastal waters near the province's boundaries. He said the oil sheen would dissipate in due time as it is exposed to sunlight.
Meanwhile, the government has barred the owners of Sunshine Maritime Development Corporation, including its four Japanese incorporators, from leaving the country amid the ongoing probe of the oil spill.
Hold-departure
Justice Secretary Raul Gonzalez Sr. issued a hold-departure order against Mototsugu Yamaguchi, Hiroyasu Yamaguchi, Tomoki Tsubomoto, Hiromi Irishika and their Filipino partners Dionisio Parulan, Gregorio Flores, Clemente Cancio, Roberto Mena and Angelita Buenaventura.
Gonzalez directed Immigration Commissioner Alipio Fernandez to place them under the hold-departure list following reports that they have closed their local office since the incident took place.
"They used to be just under the watch-list but now I issued an HDO because they have closed their local office. They can't be located by our process servers," he said.
Gonzalez said the incorporators of Sunshine Maritime, which owns Solar I, may be held liable for civil damages in connection with the oil slick.
It was also learned that one of the Japanese incorporators, Horoyasu Yamaguchi, is facing a perjury case before a Makati City court.
"The President's marching order is to make a thorough investigation. We are looking for the more serious case so that we have more progressive results. Since we are investigating this, we might as well investigate every direction to ensure the conviction of guilty ones," he said.
Cancio, the president of Sunshine Maritime; Nicasio Alcantara, chairman of Petron; Vice Admiral Arthur Gosingan, chief of the Philippine Coast Guard; and Solar I captain Norberto Aguro are set to testify in the inquiry to be conducted by the justice department's task force chaired by Undersecretary Ernesto Pineda.
Ship crew Herminio Renger, radioman; Jesse Angel, pumpman; Reynaldo Torio and Victor Morados, both oilers, were also called to appear after the Board of Marine Inquiry found out that all four have expired General Tanker Familiarization certificates.
The investigation team was given 30 days to submit its report and recommendations. (With LABB/Sunnex)
「Safety officer」と表現されているが、やはりSunshine Maritime and Development Corporation (SMDC)は
ＳＭＣ（安全管理証書）を持っていたのだろうか。
Guimaras Oil Spill Ship Found Unfit for Sailing
の記事では、ＳＭＣ（安全管理証書）の有効期限が切れていると書かれている。事実であれば、ＳＭＣとＤＯＣ
はどこの船級が発給したのか。ＳＭＣ及びＤＯＣが発給された時の安全職員「Safety officer」は同じであったのか。
この点についても調査する必要がある。なぜなら、コメントなしで証書を発給することは常識では
ありえないからだ。
THE SAFETY officer of the sunken M/T Solar I appeared to be clueless about the seaworthiness of the oil tanker, the head of the government fact-finding team looking into the sinking said Friday.
Macario Macariola of the Sunshine Maritime and Development Corporation (SMDC) clammed up when asked difficult questions by members of the Special Board of Marine Inquiry (SBMI).
Under intense questioning, Macariola answered repeatedly: "I can't answer that now.”
The Solar I, owned by SMDC and chartered by Petron Corporation, was carrying some two million liters of bunker fuel when it went down in rough seas off Guimaras province on August 11.
Since then, experts believe up to 1.3 million liters have leaked out from the tanker, one of the worst oil spills in the country’s history.
"Apparently we are getting the impression that the safety officer (Macariola) does not have a very clear knowledge of the condition of the vessel," said Rear Admiral Danilo Abinoja, who chairs the fact-finding board tasked to investigate the circumstances surrounding the sinking.
"Gulong-gulo ang isip nya (His mind is very troubled). He just came from Guimaras," Abinoja added.
Macariola also "did not appear to have any sea experience" after he failed to submit documents to prove his qualifications, Abinoja said.
Among the questions Macariola dodged were about whether he was aware Solar I captain Norberto Aguro was not a licensed oil tanker chief and whose license to command a chemical tanker had expired in 2002.
He was also asked whether the Solar I was listing before it sank.
He also evaded questions about why there were 20 people onboard the ship, including two surveyors, when it has a capacity of only 16.
The wreck of the tanker Solar 1, which has been leaking oil since it sank off Guimaras Island on August 11, has been found, the Department of Environment and Natural Resources said on Thursday.
Environment Secretary Angelo Reyes said two ships of the National Mapping and Resource Information Authority (Namria) had established the location of Solar 1 south of Lusaran Point in Guimaras.
It was resting on the seabed at a depth 640 meters.
Reyes said the tanker’s position was about five kilometers east of where it had sank.
The coordinates have been transmitted to Shinsei Maru, a Japanese survey ship which would determine the condition of the tanker.
Reyes said the Solar 1’s location was determined by the BRP Hydrographer Ventura and BRP Hydrographer Presbitero, which started their survey August 17.
He said the two ships are equipped for conducting submarine topographic and geological surveys and locating sunken vessels and other potential navigational hazards.
The Shinsei Maru sailed into port in Iloilo Wednesday night and at first light deployed off Guimaras. The ship’s mission is to deploy its remote-controlled submersible for a sonar sweep of the tanker, the Coast Guard chief, Vice Adm. Arthur Gosingan, said.
“It will conduct a survey underwater to find out how the Solar 1 is lying on the seabed and whether remaining oil in its hull is leaking. It will check its position to determine what action to take,” Gosingan said.
He said that from the ship’s findings, the Coast Guard will decide whether to refloat the tanker or siphon off its contents to prevent a further leak. A third, more costly option is to bury the entire ship in sand.
“We expect the cleanup to take more than six months,” Gosingan said, adding that besides the Japanese ship, marine experts and biologists from the US, France and Australia as well as environmental groups were in the area.
Solar 1, a single-hulled tanker owned by the Filipino-registered Sunshine Maritime Development Corp., sank in rough seas carrying some 500,000 gallons of industrial oil.
About 50,000 gallons have leaked so far, damaging fertile fishing grounds, white sand beaches and hundreds of kilometers of shoreline. Two of the ship’s crew remain missing.
As a result of the ecological disaster, oil tankers in Philippine waters will be required to be double-hulled.
Maritime Industry Authority Administrator Vicente T. Suazo Jr. said a policy on double-hulled tankers will be submitted to the Marina board for approval next week.
The International Maritime Organization requires all oil tankers operating in international waters to comply with the double-hull requirements by April 2008.
“As of February 2006, Marina had already been in consultation with tanker operators on the requirements for ensuring that all oil tankers in the domestic trade are double-hulled,” Suazo said.
“Some tanker operators have already started acquiring or negotiating to acquire double-hulled tankers,” he said.
The Left-leaning Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas scored the Department of Science and Technology for trivializing the Guimaras oil spill.
Fernando Hicap, national chairman of Pamalakaya, said it was very irresponsible for the DOST to say that typhoons could help clean up the spill.
“Why rely on typhoons? The DOST must be stopped from trivializing this issue for God’s sake. It is praying for supercalamities to get rid of superprofit-induced ecological disasters and this is foul. Give us a break,” he said.
THE Philippine authorities have continued to ask for assistance in dealing with a sunken tanker lying in deep water off Guimaras Island in the central Philippines. Although local reports have been confused and even contradictory it is clear that a spill of heavy grade fuel oil has caused extensive pollution of sensitive ecosystems and that cargo remaining in wreck is escaping.
The 1,998 gt ship was owned by Sunshine Maritime Development Corp and has been classed with Bureau Veritas since September 2000. The last special survey was carried out at Cebu & Manila in April this year and class certificates were issued without recommendations. Statutory certificates were issued by the flag state.
According to one report Guimaras’ governor, Joaquin Rahman Nava said oil from the tanker has contaminated some 220 kilometres of coastline, destroyed 454 hectares of mangroves and 58 hectares of seaweed farms. he was quoted as saying: “Over years, we have devoted a sizeable chunk of our development fund to the improvement of our coastal treasures, from projects in coastal resource management, mangrove reforestation, seaweed, pearl and shellfish industries. What has taken us decades to build up has been destroyed overnight.”
NUEVA VALENCIA, Philippines : Coast guard officials struggling to contain a dangerous oil spill in the Philippines expressed frustration that a sunken tanker described by environmentalists as a "ticking time bomb" had yet to be raised.
"What has got up our goat is that we hear a lot of talk about what should be done but nothing has happened. That ship sank over a week ago and officials are still talking," local coast guard commander Harold Jarder told AFP.
Some 50,000 gallons of oil have already leaked from Solar I, which sank in rough seas on August 11 off the central island of Guimaras.
The slick has covered 200 kilometers (125 miles) of coastline in thick black sludge, Jarder said.
It is threatening marine reserves and extends 15 nautical miles from where the ship sank, he added.
His comments about the country's worst-ever oil spill came as the owners of Solar I, which was carrying 500,000 gallons of bunker oil, said they were consulting with experts about raising the vessel.
Clemente Cancio, president of the Sunshine Maritime Development Corp, told AFP the company was in talks with "international maritime experts" to see if the 998-tonne tanker could be raised.
Two British experts from the International Tanker Owners Pollution Federation inspected the site on Friday, he said.
The Philippines was awaiting their recommendations, he added, but he could not say when the assessment would be released.
Civil defense chief Anthony Golez said the Philippines' request for assistance from foreign governments would be based on the recommendations.
Golez said Philippine President Gloria Arroyo wanted the oil remaining inside the tanker pumped out and the vessel recovered.
Cancio, however, said it might be unlikely the tanker could be recovered.
According to the coast guard, the tanker rests on the seabed in 3,000 feet (900 metres) of water and is still leaking oil.
Cancio said he did not know why oil was still leaking out of the tanker.
"That is one of the things we have to find out," he said, adding that the crew of the ship said it was still in one piece when it went down.
"The oil has to be contained," he said.
He added the tanker was launched in 1988 and had just come out of dry dock in February and was certified seaworthy by the Paris-based organisation Bureau Veritas.
Greenpeace's southeast Asian campaign director Von Hernandez warned that urgent efforts were needed either to raise the ship or to pump the remaining oil out of the stricken vessel's tanks.
"The longer that tanker stays underwater, the greater the danger. What you are looking at is a ticking time bomb," said Hernandez.
Jarder, who conducted an air survey of the area early Saturday, said he had six vessels working on the slick.
"We are using booms to contain the oil and scooping it up for disposal. But we are trying to cut down on the use of dispersants," he told AFP.
"At the moment the weather has been on our side but the real problem is still on the seabed," he added.
On Guimaras island, small groups of residents busily continued shovelling the sludge off the blackened beaches in and around Nueva Valencia, one of the worst-affected areas.
Petron Corp, which chartered the vessel, has placed booms along many of the beaches to hold the oil back.
"We are just collecting the oil and putting it in plastic bags and stacking them on the beach," said local official Jeffrey Candecila.
Relief agencies have begun handing out food to many of the hundreds of poor fishermen whose livelihoods have been put at risk by the spill.
A minisubmarine inspecting the wreck of the Solar 1 on Friday found an open oil compartment and another one leaking small quantities of oil, the ABS-CBN News Channel reported.
Capt. Luis Tuason, district commander of the Coast Guard in Western Visayas, told ANC the remote-operated vehicle (ROV) sent down by the Japanese survey ship Shinsei Maru saw that the hatch of the fourth compartment was open. The compartment is on the port (left) side of the sunken oil tanker.
Tuason said the compartment could have already leaked 275,665 liters of oil.
Another compartment on the port side was found broken and leaking small quantities of oil. The compartment could hold about 275,000 liters of oil.
The remote-operated vehicle will continue probing the surface and parts of the sunken tanker until Saturday.
The Solar 1 sank in rough seas off Guimaras on August 11.
Tuason said Coast Guard personnel were spraying chemical dispersants on the waters above the tanker to prevent the leaked oil from spreading.
The survey started after the ROV found the sunken ship lying 640 meters on the seabed some 7.8 nautical miles southwest of Unisan Island Thursday.
Officials said the ship was found in an upright position.
During Thursday’s initial survey, the ROV found a crack on the right side of the ship.
ANC reported that the crack was in the third compartment of the ship, which also has a capacity of at least 275,000 liters of oil.
Tuason said it was not clear if the oil in the third compartment had leaked.
He said the Japanese survey crew was paid to survey the sunken tanker and make recommendations.
The recommendations would be relayed to Coast Guard headquarters in Manila and studied by experts. Only then can it recommend a plan of action on the tanker.
Petron Corp. signed a $20-million contract with Fukuda Salvage and Marine Works Co. Ltd. for the services of the salvage ship.
Carlos Tan, Petron spokesman, said the ship will finish its survey in two to three days and would be able to come up with its findings in another two days.
At Friday’s Special Board of Marine Inquiry into the sinking of Solar 1, an executive of Petron testified that the tanker had been shipshape and ready to sail.
"Based on our inspection and the certificates submitted to us by the ship’s owners, we believe that the tanker was safe to sail," said Rolando Salonga, Petron’s distribution officer.
Salonga, who was responsible for chartering Solar 1, said it was the first time Petron had hired a vessel from Sunshine Maritime Development.
He said Solar 1, which was carrying with 2 million liters of bunker fuel, was only 98 percent loaded, a standard precautionary measure.
Salonga said Petron had complied with all the standard operation procedures before Solar 1 began its voyage. The ship was checked out for soundness even before the bunker fuel was loaded.
He could not explain, however, how the expired license of Capt. Norberto F. Arguro was overlooked.
"We rely heavily on certificates issued by Bureau Veritas and the ship’s owners," Salonga said.
In response to Arguro’s comments that he chose to set sail despite problems with the tanker and adverse weather because he did not want to lose the company money, Salonga said the contract had no provision that penalized late delivery.
"If the vessel had encountered a problem in the voyage, it would be the ship master who had direct responsibility," Salonga said. "Any unusual activity during the voyage should have been reported to us, but we had no direct communication with the captain."
SHIP Captain Norberto Aguro of the MT Solar 1, which caused the oil spill in some areas of Guimaras, said he was asleep when the accident happened.
He revealed this during the initial investigation done by the Board of Marine Inquiry.
Aguro said at the cabin he was in, one can't feel the ship's movements as well as the waves. He woke up only when the ship was already on its side.
He also admitted that they were not able to secure weather information from the weather bureau.
Suit
Meanwhile, an executive of Petron Corporation said they could not sued by any group.
"We have a valid contract with the ship owner. Our legal liabilities are up to the Marine Board-Philippine Coast Guard which is presently conducting an investigation," Petron Chairman and Chief Executive Officer Nick Alcantara told the media Tuesday.
Alcantara also expressed regret over the accident and assured the public that they will not leave its responsibility.
Seaworthy
Manager of Health Safety and Environment and representative of the corporation in the region, Carlos Tan showed in his report that the sunken vessel was 'seaworthy' if it is to be the focal point of argument.
The vessel that has sank in August 11 and has now reportedly spilled more or less half million liters of oil, "being classed by Bureau of Veritas Quality International (BVQI), an international classification society for certifying the sea-worthiness of vessels."
Such classification is a prerequisite for insurance coverage.
The vessel was also fully insured as it stands as one of the members of Protection and Indemnity Club (P & I), an association of ship owners who agree to insure each other with respect to specified risks arising from the operation of their ships.
The ship was insured of US $300 million, said Tan. This covers incidences such as that of the August 11, the pollution damage. Such were compensable damages to property, clean-up onshore and sea, economic losses incurred of fishermen and mariculture and to tourism and reinstatement of the environment.
Further, Tan cited that the vessel was issued with a certificate of inspection from the Maritime Industry Authority (Marina). The PCG has inspected the ship before it has navigated.
Not overloaded
Tan further discussed that the vessel was carrying 2.19 million liters of bunker fuel or three percent less out of its carrying capacity of 2.24 million liters.
The Provincial Government of Guimaras and the justice department expressed that they are open to filing case against Petron for the spillage of its 2.19 million liters of oil.
Don't deserve
Petron President Khalid Al-Faddogh said the encouragement of a boycott of their products here is unfair, as they have been doing their job.
"This is an open market. The customers have the choice. But let the customers judge us according to our deeds."
He added that Petron is not leaving the island and other affected areas for as long as their ecological wealth has not returned.
Alcantara said, "Hindi tama na iboycott and produkto ng Petron. Hindi masisisi ang Petron sa nangyari. (It's not right that Petron's products be boycotted. Petron can't be blamed for what happened)."
"It was an accident, President Gloria Macapagal-Arroyo even admitted so. Petron is number one in sales in the province. It has been marketing here for more than 40 years," he added.
Dumangas Mayor Rolando Distura Tuesday called for a boycott of all Petron products. He made this urging after "the deadline given to Petron to take action has lapsed."
The Iloilo Provincial Board felt no assurance that the vessel will be re-floated, thus decided to put in place its call of boycotting Petron's products.
Losses
Alcantara said the price of oil will not be the defense mechanism, despite losses have been incurred.
"The corporation has also incurred expenses on its relief operations but it remains insignificant," he said.
As of now the spill has affected a total of 3,357 families only from the three out of the five towns in Guimaras-Nueva Valencia, Sibunag and San Lorenzo.
The spill damaged a total of 220 kilometers of shoreline, 454 hectares of mangrove and 58 hectares of seaweed farms.
Petron has conducted clean up operations three days after the spill after it has made and aerial survey on August 12.
Obligation
Tan underscored that Petron has been carrying out its obligation to the spill by implementing a "Cash for Work" program where the present 1,200 working men for the clean up operations will be paid P300 from the earlier P200 pronouncement.
This pay is not compensation but relief assistance, said Tan.
The paying insurance company has deployed men to conduct workshops among the affected people of Guimaras on how to file claims and pays.
P & I is keen to evaluate claims and make reimbursements without delay, Tan said.
The P & I and its partner, International Oil Pollution Fund, have tasked the Seven Adjusters as its focal point for receiving all pollution damage and claims.
Cleared
Executive Director of the Petron Foundation Malu Erni said there were already three villages cleared from the spill.
They are Canhawan, Igdarapdap and Dolores, which were "cleaned up completely." As of now there are 80 hectares cleaned-up with a total of 516.40 metric tons of oil debris collected, said Erni.
The transfer site of the debris now collected in Nueva Valencia, Guimaras is being coordinated with the Provincial Government of Guimaras and the DENR.
Tan said while the disposal site in Guimaras is temporary, safety considerations were considered that the design of the site will be made plastic lined-and control of leachate.
Petron is now coordinating with a waste processing facility, Holcim Philippines to buy the debris as secondary fuel.
Re-float
To re-float the ship, insurance company of the owner of the sunken vessel -Sunshine Maritime Development Corporation (SMDC) has hired Fukada Salvage and Marine Works Co. Ltd., a Japanese shipping firm.
Its ship, Shinsei Maru with a remote operated vehicle (ROV)-Hakuyo 200, that will determine the extent of the ship's damage, will come to the sunken area Thursday if the weather permits. It left Okinawa, Japan last Saturday, 1 p.m. Philippines time.
Western Visayas Police Director Geary Barias, on the other hand, said lifting the vessel from the belly of Guimaras Strait is not a problem for Petron, because it (tanker) was already located by the satellite use by the National Mapping and Research Administration (Namrea) of the Department of Science and Technology (DOST).
Avoid
As its long-term goal in guarding against the occurrence of the same incident, Petron revealed that it is procuring modern and newer vessels carried under its project "Shipping Alliance".
These vessels chartered through this will have double-hulled and double-bottoms. This was in line with the International Maritime Organization's (IMO) requirement by 2008.
Fishes
Drusila Esther Ong, officer-in-charge of the Bureau of Fisheries and Aquatic Resources (Bfar) Western Visayas, said they have already tested the waters in at least 12 barangays where there is an oil spill, sheen or sleek.
The Bfar had also tested the fishes from those barangays and found that the fishes remain safe to be eaten. She said it is the shellfish, crabs and other sea creatures that live in burrows that are affected and are not fit for consumption.
Ong said while there may be an oil spill, fishes from the open sea are safe as they can move around and evade being affected by the oil spill unlike shellfishes and other sea creatures that lives and may even be stuck in the burrow.
She said they have conducted the testing weekly and are set to make new tests, especially those involving the sea creatures on Wednesday. She said they use at least one kilo of fish and other sea products from each barangay for their tests.
Ong said they would start sending their samples and test results to the Bureau of Food and Drugs (Bfad) for additional testing.
Relocation
Health Secretary Francisco Duque III, for his part, recommended for the relocation of children, elderly and pregnant women from the oil spilled-contaminated areas following the reports that prolonged exposure to "alarmingly high" toxic components is not safe.
"We shall be recommending the relocation of children, elderly, and pregnant women from the oil spill contaminated areas if repeated ambient air monitoring continues to be poor which may significantly affect their health condition," said Duque.
Duque said monitoring conducted by the Department of Health (DOH) last August 27 in three selected areas showed elements of bunker oil exceeded the minimal risk levels and that levels of benzene, ethylbenzene, toluene, xylene and hydrogen sulfide were found to be high.
He said the physical effects of the oil slick may range from the milder skin irritation to severe and chronic cases such as cancers and leukemia.
So far, Duque said there is only one recorded casualty, a 26-year old male who died of myocardial infarction last August 16 while four others were hospitalized due to various oil spill-related diseases.
MANILA -- Four Japanese nationals and five Filipino incorporators of the Sunshine Maritime Development Corp., owner of motor tanker Solar 1 that sank off Guimaras and caused a massive oil spill, were placed under the watch-list of the Bureau of Immigration (BI).
In a memorandum to Immigration Commissioner Alipio Fernandez Jr., Justice Secretary Raul Gonzalez Sr. ordered that Mototsugu Yamaguchi, Hiroyasu Yamaguchi, Tomoki Tsubomoto, Hiromi Irishika and their Filipino partners Dionisio Parulan, Gregorio Flores, Clemente Cancio, Roberto Mena and Angelita Buenaventura be included in the watch-list.
On top of possible reckless imprudence charges, the nine are also the subject of an investigation for a number of violations in connection with the oil spill that resulted from the sinking of MT Solar 1 on August 11 due to bad weather.
"In the interest of the public and so as not to frustrate the ends of justice, you are hereby directed to include in the bureau's watch-list the following names, which are subject of investigation for violations of the Clean Water Act, Anti-Dummy Law, Corporation Code, Domestic Philippine Act, Revised Penal Code and the Brown Environmental Law," Gonzalez said.
The newly formed Department of Justice (DOJ) special task force has issued summons to Cancio, president of Sunshine Maritime; Nicasio Alcantara, chairman of Petron; Vice Admiral Arthur Gosingan, chief of the Philippine Coast Guard; and Solar 1 captain, Norberto Aguro.
Ship crew Herminio Renger, radioman; Jesse Angel, pumpman; Reynaldo Torio and Victor Morados, both oilers, were also called to appear after the Board of Marine Inquiry (BMI) found out that all four have expired General Tanker Familiarization certificates.
All were directed to appear before an inquiry to be held on Monday at the DOJ executive lounge before Justice Undersecretary Ernesto Pineda, who chairs the task force.
But sources said the four Japanese incorporators have already left the country or were outside the country when the oil spill took place.
Gonzalez said the names of the Japanese executives were gathered by investigators from the articles of incorporation of the shipping company, wherein it was learned that they provided P4 million of the P5 million start-up capital of the shipping company.
He said if this was true, this would make the incorporators liable under the Anti-Dummy Law, which provides that "any person, corporation, or association which, having in its name or under its control, a right, franchise, privilege, property or business, the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or of any other specific country, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens in any matter."
The DOJ panel was tasked to determine, among others, the seaworthiness of the vessel, the validity of the captain's license, and the movement or direction of the ship before it sank.
Gonzalez gave the investigating team 30 days to submit its report and recommendations.
The oil spill, considered the worst ever in the country's history, occurred after Solar I, a Philippine-owned tanker hired by Petron, sank off the island of Guimaras in Iloilo on August 11 while carrying at least 2 million liters of bunker fuel.
JUSTICE Secretary Raul Gonzalez has ordered the Bureau of Immigration (BI) to put on its watchlist incorporators of Sunshine Maritime Development Corporation (SMDC), which owns M/T Solar 1 that sank off Guimaras Island, causing one of the worst oil spills in the country.
Dionision Z. Parulan, Gregorio M. Flores, Clemente GR. Cancio, Mototsugu Yamaguchi, Hiroyasu Yamaguchi, Tomoki Tsubomoto, Hiromi Irishika, Roberto D. Mena, Angelita S. Buenaventura have been put on the list for possible violations of the Clean Water Act, Domestic Philippine Act, Revised Penal Code, Brown Environmental Law, and the Anti-Dummy Law, Gonzalez said.
Gonzalez said records of the Articles of Incorporation and other records of the SMDC showed that majority of the incorporators of the company were Japanese.
At the same time, the task force created by Gonzalez has summoned Clemente Cancio, SMDC president; Nicasio Alcantara, chairman of Petron Corporation; Norberto Aguro, Captain of M/T Solar I; Vice Admiral Arthur Gosingan, Philippine Coast Guard Chief; and the crew of M/T Solar I -- Herminio Renger, radioman; Jesse Angel, pumpman; Reynaldo Torio and Victorio Morados, oilers, to appear before the Department of Justice on Monday at 2 p.m.
ABOARD THE EDSA II, Philippines (AFP) - A sunken tanker responsible for the Philippines' worst environmental disaster is leaking less oil, but the slick it caused has reached the country's richest fishing grounds, the coastguard has said.
Daniel Gayosa, who is commanding the search and rescue vessel EDSA II at the wreck site, told reporters on Wednesday the sunken 998-ton tanker, Solar 1, was leaking "less than 10 liters" of oil per day.
This compared with about 500 liters per day shortly after it sank in extremely deep waters south of Guimaras island on August 11.
"We still don't know if there is still oil in there. Those tanks are also watertight and it's possible some of them are still intact. (But) we still don't know their status," Gayosa said.
He said the oil that had leaked was "down to a sheen" two weeks after black sludge contaminated hundreds of kilometers of coastline and damaged a large marine reserve in Guimaras.
He added that since the oil had thinned it would not cause as much damage as before.
EDSA II was pressed into emergency duty after Solar 1 sank and has identified a near 20-nautical-mile (23-mile) slick from the wreck site towards the Sulu Sea.
There are now reports of oil in the Visayan Sea. It and the Sulu Sea comprise the Philippines' richest fishing grounds.
The coastguard and private vessels had been trying to contain the oil slick within the Guimaras Strait to prevent it spreading to the two fishing grounds.
The authorities have fought the spill with containment booms and chemical dispersants for two weeks, while waiting for advanced equipment to raise the tanker or remove its remaining 450,000-gallon cargo of bunker oil.
Meanwhile the Japanese survey ship Shinsei Maru arrived in the central Philippine city of Iloilo Wednesday.
The ship, dispatched by the Fukuda Marine and Salvage Company, will send a remote-controlled submarine to inspect Solar 1, said Carlos Tan, a spokesman for local refiner Petron Corporation.
The survey vessel will determine the location, position and condition of the sunken tanker. A decision will then be taken on whether to refloat the vessel, siphon out the oil or bury the tanker.
Fukuda Marine will likely handle any salvage project, Tan added
Separately, a Manila-based inquiry into the disaster was told that the Solar 1's captain may not have been qualified to command oil tankers.
Clemente Cancio, president of the Sunshine Maritime Development Corporation, Solar 1's owner, conceded that Captain Norberto Aguro did not have a license as master mariner of an oil tanker but instead had a license to pilot chemical tankers, although this license had expired in 2002.
"We believe a chemical tanker is more dangerous than an oil tanker," he told the inquiry.
He said Aguro "was performing well, his credentials were in order," although Petron Corporation had reprimanded Aguro several times in the past for docking without tugboat assistance.
Aguro had previously admitted that he had sought refuge from bad weather at a port in Iloilo on August 10 but had gone out to sea on August 11.
Aguro was "given the discretion of whether or not to proceed," Cancio said.
Asked if the captain had made a mistake, Cancio replied that "in hindsight sir, I would say he made the wrong decision."
Justice Secretary Raul Gonzalez directed the immigration bureau to place Sunshine Maritime's nine directors, including Cancio, on a watchlist to prevent them from leaving the country. The directors include four Japanese nationals.
Gonzales said the company officials were being investigated for possible violations of environmental laws relating to the oil spill
Manila - Australia and France have pledged to help the Philippines clean up a massive oil spill from a sunken tanker, President Gloria Macapagal Arroyo said on Monday.
Arroyo thanked the United States and Japan for sending experts to help deal with the spill, which has contaminated resorts, marine reserves, seaweed farms and fishing communities on the southern coast of Guimaras island and outlying areas.
Officials will appeal for more foreign assistance, she said, adding that Australia and France have offered help. She did not elaborate on the specific aid that both countries might provide.
'We have to do this quick... people say it's a disaster'
Solar I, carrying about two million litres of bunker oil, sank off Guimaras on August 11 in rough seas, then began spilling oil that has affected a 220km stretch of coastline.
An investigation will pinpoint criminal liability and come up with ways to prevent a recurrence, Arroyo said.
"There will be a wide-ranging investigation to find out what happened, who was responsible and what steps (are) needed to be taken to ensure this accident would never happen again," Arroyo told the Radio Mindanao Network.
Traces of oil have been carried by the currents to the shores of two towns in Iloilo province, about 50km west of Guimaras, coast guard officials said.
The Guimaras provincial government has reported that more than 26 000 people - directly and indirectly dependent on fishing - have been affected.
Environment Secretary Angelo Reyes said the tanker has been located about 700m under the sea.
Officials will wait for a Japanese salvage ship to arrive later this week and examine the tanker with a remote-controlled probe before deciding what to do next, he said.
If the tanker still has oil in it, the government may siphon off the remaining bunker fuel because it could break apart if lifted, Reyes said, adding that entombing the vessel under the seabed would be too costly.
"We have to do this quick because some people say it's a disaster again waiting to happen," Reyes told ABS-CBN television.
Arroyo, who visited Guimaras on Saturday, said she would return to the island later on Monday to check on the progress of a large-scale cleanup and steps taken by officials to safeguard the health of villagers living near contaminated shores and help them find other sources of income.
"I want to make sure that the oil still gushing out of the vessel would be stopped, the remaining oil removed and this disaster would end," Arroyo said.
The oil spill, one of the worst to hit the country, struck a region known for its marine reserves, rich fishing areas and popular beach resorts. It also exposed weaknesses in the government's ability to deal with such accidents. - Sapa-AP
Initial findings from a Board of Marine Inquiry investigation of the Aug. 11 oil spill in Guimaras reveal that the safety management certificate of Solar 1, the ship that figured in the disaster, had already expired. Moreover, the board suspended the ship’s captain Norberto Aguro for failing to undergo oil tanker training and management.
BY KARL G. OMBION AND RYAN B. LACHICA
Bulatlat
BACOLOD CITY ? Initial findings from a Board of Marine Inquiry investigation of the Aug. 11 oil spill in Guimaras reveal that the safety management certificate of Solar 1, the ship that figured in the disaster, had already expired. The board also suspended the ship’s captain Norberto Aguro for failing to undergo oil tanker training and management.
Marina has ordered the immediate grounding of the two sister vessels of oil tanker M/T Solar 1. Arnie Santiago, acting enforcement manager of Marina in Manila, identified the two sister vessels as Solar 2 and Solar 3. “We will not allow them to operate until the probe on the sinking is over,” he said during the Regional Disaster Coordinating Council (RDCC) 6 meeting here.
The Board of Marine Inquiry, an agency under Marina, likewise recommended the filing of administrative charges against Aguro and the Sunshine Maritime Development Corporation, pending further investigations.
Repeating disasters
Meanwhile, despite the claims of the government and local RDCCs that the Philippines is a disaster-prepared country, disaster-preparedness has been the least of priorities of this government, commented environmentalist activist and mining engineer Efren Fabila.
Fabila said government particularly Coast Guard has not been serious in addressing the causes of countless disasters in the country. “That is why we keep on having disaster after another at the expense of our environment and people,” he said.
Fabila recounted the grounding of National Power Corporation (Napocor) Power Barge 106 off the coast of Semirara Island in Caluya, Antique, eight months ago, after suffering hours of battering from strong winds and waves. “It spilled more than 200,000 liters of bunker fuel, affecting hundreds of hectares of shoreline around Semirara and neighboring shores; and millions of pesos are being spent for the clean up and rehabilitation of the affected areas, unfortunately, the job remain unfinished today,” Fabila said.
He also blamed the Coast Guard and the local ports authority for not giving right information and precautions. “The tanker should not have been allowed to sail given the storms last week wrecking havoc throughout the country. They should have learned from the Semirara disaster and countless other disasters that had shaken our country in the past years like the Negros Navigation Dona Paz and M/V Cassandra,” he said.
Storms before disaster
Just a day before the oil tanker ship disaster, central Philippines had been battered by two successive storms, bringing untold flashfloods and wind battering, damaging agriculture, properties and lives worth tens of millions of pesos. Worse, people were caught flat-footed as the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) did not raise any storm signal over the Western Visayas.
As fast as the destructive storms that came and left, so was the sinking of the 998-ton locally registered M/T Solar 1 oil hauler, owned by Sunshine Maritime, an oil hauler for petroleum giant Petron Corporation, off Guimaras strait afternoon of Aug. 11.
The tanker left Limay town in Bataan on Aug. 9 en route to Sangali town in Zamboanga del Sur, southern Philippines. It was contracted by Petron to ship two million liters of bunker fuel to the Western Mindanao Power Corporation.
Damaged vessel
Region 6 Coast Guard investigations showed that early in the morning of Aug. 10, crew members had already noticed that the ship’s chain locker, the compartment that holds the anchor, had taken in water and the ship itself had begun to lean by about six degrees to the right.
Despite this, Aguro gave the order to sail toward Iloilo. Then at around noon while traversing Iloilo strait toward open sea to Zamboanga, the ship leaned further to around 10 degrees. At around 4 p.m., Aguro made a right turn to Iloilo when the ship was already badly leaning right with its head down. He gave an order to abandon ship at 16.6 miles southwest of Lusaran Point in Nueva Valencia town, Guimaras island.
Seventeen crew members including Aguro and two surveyors made it to the shore while two others, Victor Morados and Art Ian Nabua, failed to jump off to the sea. They remain missing.
Costly oil spill
As of press time, the ship’s sinking has already caused an oil spill contaminating 200 kilometers of the coastline of Nueva Valencia, Sibunag and San Lorenzo towns. This has reportedly affected more than 20 sq. kms of coral reefs, 1,100 has. of the Taclong
national marine reserve in Nueva Valencia, at least 4,000 fishermen and 17,000 households in several coastal villages.
The oil slick also threatens more coastal villages of central Negros particularly those in Bago City and Pulupandan, Valladolid and San Enrique towns.
The mayors of Pulupandan and Valladolid have reported imminent threats to their shrimp industries. They are at risk of losing millions of pesos from the possible damage, they say.
Before this, Pulupandan Mayor Luis Mondia said that the shrimp industry in his town has already suffered about P50 million in losses caused by the bad weather and typhoons. It is likely to suffer more with the threat of oil spill contamination.
Similarly, Valladolid Mayor Ricardo Presbitero, Jr. also said that the shrimp industry in his municipality suffered millions of pesos in losses. “It would take us more than two years to rehabilitate the industry,” he said.
Negros prepares for oil spill spread
Gov. Joseph Maranon of Negros Occidental said he has already given advisories to the local government units (LGUs) most likely to be affected.
He also said that the coastguard was immediately mobilized to assess the situation. The Coast Guard with the help of Petron has created Oil Spill Combat Teams (OSCT) to prevent the oil spill from spreading.
Maranon said he will ask Petron for its counterpart in the cleaning program to be organized by the provincial government and the LGUs. The clean-up is estimated to cost about P2.2.
Meanwhile, lawyer Jose Ma. Valencia, provincial chief of staff and spokesperson of the Provincial Oil Spill Task Force, said they will likely sue Petron for the oil spill. Bulatlat
By Leo Solinap
JORDAN, Philippines (Reuters) - A Japanese salvage ship hired to help clean up the Philippines' worst oil spill has developed mechanical problems, delaying its scheduled Saturday arrival by at least three days, officials said on Friday.
The ship was now expected to arrive on Tuesday after repairs to its crane, Coast Guard spokesman Lieutenant Joseph Coyme said.
More than 40,000 people and 200 km (120 miles) of coastline have been affected by the spill of industrial fuel after a tanker chartered by oil refiner Petron Corp. sank in heavy seas off the central island of Guimaras on August 11.
At least a 10th of its cargo of 2 million liters of bunker oil initially gushed out, polluting beaches and a marine park with black sludge, but there have also been signs of fresh leaks from the sunken tanker.
The 998-tonne Solar 1 is believed to be lying 640 meters (2,100 feet) under water off Guimaras island, beyond the reach of Philippine divers. The developing Southeast Asian country also lacks the heavy equipment to reach the tanker.
"We need to determine the exact location and condition of Solar 1 so we can decide whether to siphon the oil, lift the ship entirely with the remaining fuel or entomb the tanker using cement or sediment," said Carlos Tan, Petron's health, safety and environment manager.
The Japanese salvage ship has equipment that provides images of the ocean floor from a remotely operated vehicle. The cost of its mission will be paid by the insurance firm of the tanker's owner, Sunshine Maritime Development Corp.
An inquiry into the ship's sinking has called on Sunshine to explain why Solar 1's captain was allowed to sail without any advanced training on oil tanker operations. The captain's license was revoked earlier this week.
Petron, in which the Philippine government and Saudi state oil firm Saudi Aramco each have a 40 percent stake, has been criticized for the pace of its response to the disaster.
But Petron, the country's largest oil refiner, has insisted it is doing everything possible to contain the spill and help the residents of coastal areas cope by hiring them to clean beaches and mangrove trees.
Shares in the company finished down 3.85 percent at 3.75 pesos on Friday. The stock has shed 11 percent over the past two weeks.
HAIR AND FEATHERS
President Gloria Macapagal Arroyo ordered drop-off centers for human hair and chicken feathers to be set up in response to a call by the Coast Guard on Thursday for absorbent material to help soak up the spill.
"This is a national calamity that demands the cooperation and solidarity of all Filipinos," said Arroyo, who is scheduled to visit Guimaras on Saturday. "Let us do what has to be done first and deal with the blame later."
The municipal governments of Concepcion, Ajuy and Barotac Nuevo in Iloilo province put the towns under a state of calamity on Friday to speed up the release of funds for the cleanup.
Guimaras island had already been declared a calamity area due to the effects of the slick on 20 fishing villages, its tourism industry and the mangrove trees and coral reefs of a marine reserve.
Environmental groups said the spill also threatened the endangered giant clams at the Sagay Marine Reserve off the nearby island of Negros.
"These are the last of the endangered giant clams of the Visayan Sea," marine biologist Angel Alcala told the Philippine Daily Inquirer newspaper.
Manila, Philippines (AHN) - Philippine oil refiner Petron Corp. has been charged a $1.9 million bill to account for the initial cost of cleaning the disastrous oil slick from its sunken tanker.
The incident is considered the Philippine's worst oil slick case.
"We demanded a bond of 100 million pesos from Petron," said Vice-Admiral Arturo Gosingan.
The vessel had gone during bad weather on August 11 near the central island of Guimaras.
Gosingan told ABS-CBN television that between 200 and 300 liters of oil is still leaking per hour.
"What we are going to do is scoop it" out of the water, Gosingan added, saying that the coastguard had already been spraying dispersant on the slick.
Petron spokeswoman Virginia Ruivivar rejected reports of a continuing leak from the ship.
"The evidence points that the vessel has ceased to leak and what we are seeing is the initial 200,000 liters that came from the damaged portion of the vessel," she said.
She said the company had tasked an expert to make an assessment of the tanker which is 3,000 feet underwater.
The spilled oil has destroyed beaches, reefs and marine reserves.
Ruivivar said, "we are willing to spend to correct the situation," but questioned the claim that Petron could be held responsible for the worst such oil spill in the country's history.
"I'm not sure about being partially liable," she said.
She also refuted allegations the vessel was not fit for carrying such a cargo, saying "we have full confidence that the vessel was seaworthy when it left our refinery. It was bad weather, rough waves.
NUEVA VALENCIA: Environmental watchdog Greenpeace said yesterday it was "shocked" by the extent of damage caused by the Philippines' worst ever oil spill and called on the government to treat the raising of a sunken tanker as a matter of urgency.
"It's really bad out there," Athena Ballesteros, climate and energy campaigner for Greenpeace International, told AFP.
"The extent of damage to such a wonderful part of the Philippines shocked us all.
"The government must treat, as a matter of urgency, the raising of the tanker before more damage is done," she said.
Some 50,000 gallons of oil has leaked from the tanker Solar 1 which sank on August 11 off Guimaras island in the central Philippines. The tanker was chartered by Petron, which is part government owned.
Resting on the seabed with some 450,000 gallons still in its hold the tanker has been described by environmentalists as a ticking time bomb.
Oil has contaminated 220 kilometres (136 miles) of coastline and destroyed 454 hectares (1,121 acres) of mangroves and 58 hectares of seaweed farms, Guimaras governor Joaquin Rahman Nava said at the weekend.
He said the spill had also destroyed the livelihoods of thousands of people dependent on fishing for a living. Nava described the island province as a "gem" with its long stretches of white beaches, clear seawater and rich marine life.
"Over years, we have devoted a sizeable chunk of our development fund to the improvement of our coastal treasures, from projects in coastal resource management, mangrove reforestation, seaweed, pearl and shellfish industries," he told local media.
"What has taken us decades to build up has been destroyed overnight." Greenpeace, which is conducting an environmental impact study for the coastguard, concentrated much of its research yesterday on the Taklong Marine Reserve in the south of the island, which has been badly affected by the spill.
Covering some 1,143 hectares, the park is home to a rich variety of mangroves and marine life. Two areas of mangroves were totally covered in sludge. Greenpeace says it will take several months to draw up its report on the full environmental impact of the spill.
"The real problem still rests underwater and until that is removed the danger has not gone away," Ballesteros said. A Manila newspaper yesterday said the captain of the tanker was not properly trained to handle the ship.
The findings of a preliminary investigation by the Maritime Industry Authority showed he did not have "advance training on oil tanker operations," according to a report in the Philippine Daily Inquirer.
A team using robotic submarine equipment plans to inspect a sunken tanker that has leaked oil and wreaked environmental havoc across fishing villages
and mangrove swamps.
The Luxembourg-based insurer of the sunken Solar 1 has pledged to ship the equipment from Singapore in a few days after it appoints a salvage company that will undertake the deep-sea inspection and possibly the retrieval of the
tanker, Coast Guard Capt. Luis Tuason said.
Tuason said the robotic equipment could take photographs of the tanker and guide authorities on their next steps.
Coastguard commander Harold Jarder told AFP that the slick, stretching 15 nautical miles, was slowly being carried by ocean currents into the Guimaras Strait opposite the sugar-growing island of Negros.
"At present Negros is not directly affected," he said.
On land, hundreds of villagers were trying to mop up the slick with improvised tools such as bamboo poles, rice straw, dried grass, used sacks and even clothing.
At sea and off beaches booms have been erected to contain the oil which is scooped out and taken away for disposal.
President Gloria Arroyo on Saturday said the government had sought the help of the United States, Japan and Indonesia to try and refloat the tanker which is lying in 900 metres (3,000 feet) of water.
"The government has already sounded off the alarm to foreign governments, including Indonesia, the United States and Japan, to help refloat the sunken tanker," she said in a statement.
The local coastguard and officials have expressed frustration over the time taken to address the problem. "We simply don't have the equipment to go that deep and inspect the tanker," Jarder said. - Agencies
M/T Solar tanker I (The M/T Solor I, photo taken on March 30,2006)
On August 11, 2006, the tanker M/T Solar 1, carrying a cargo of two million liters of bunker fuel, sank approximately 10 miles off the southern coast of the island province of Guimaras in Western Visayas, causing the worst oil spill in the Philippines.
The oil spill in the Visayas Sea affected marine sanctuaries and mangrove reserves in three out of five municipalities of the province and reached the shores of Iloilo and Negros Occidental. It directly affected the local fisher folks' means of livelihood.
Since then, the national and local governments have undertaken various measures to rehabilitate the island province, shifting from immediate relief activities to long-term recovery, rehabilitation and reconstruction efforts.
The oil spill incident paved the way for a stricter enforcement of the use of double-hulled tankers when shipping fuel.
•On August 11, 2006, the oil tanker M/T Solar 1, hired by Petron Corporation, sank off the coast of Guimaras, an island province in the Philippines, spilling more than 2.1 million liters (about 555,000 gallons) of bunker fuel. It is still known as the worst oil spill in the Philippines’ history.
•The oil that contaminated the water was not only devastating for the environment but also for the people and the economy of Guimaras.
•Thirteen years later, Guimaras once again boasts pristine beaches with white sand and the fisherfolks have returned to harvesting the abundance of the waters.
On August 11, 2006, the oil tanker M/T Solar 1, hired by Petron Corporation, sank off the coast of Guimaras, an island province in the Philippines, spilling more than 2.1 million liters (about 555,000 gallons) of bunker fuel. It is still known as the worst oil spill in the Philippines’ history. The oil that contaminated the water was not only devastating for the environment but also for the people and the economy of Guimaras.
“I was shocked to see dead fishes floating in the water. Then, there was oil all over the place,” Jean Gajo, a local fisherman who doubles as a tour guide, said while pointing to the beach and waters that are now once again white and blue. But after the spill, the island and sea had been painted black.
According to the Department of Environment and Natural Resources (DENR), the crisis affected 1,500 hectares (more than 3,700 acres) of the local ecosystem comprised of mangroves, seagrass, and coral reefs.
Among the affected areas, Taklong Island Marine Natural Reserve (TINMR), a national marine sanctuary and protected area, was the hardest hit. TINMR serves as breeding grounds for various fish species that are caught outside its boundary. Because the water was contaminated, a full stop on fishing was implemented, putting an end to the only livelihood that 20,000 fisherfolks had known for decades. Tourism, another economic driver of the island, was also temporarily banned while the clean-up was ongoing. Guimaras lost billions of pesos. The tragic event demanded long-term rehabilitation if the island was to recover.
The Taklong Island National Marine Reserve was severely damaged. This bird was rescued in one of the mangroves being cleaned up. Photo by Shubert Ciencia, licensed under CC BY 2.0.
Various international non-profit organizations, government agencies, and academic institutions collaborated in responding to the crisis. These agencies included the U.S. National Oceanic and Atmospheric Administration (NOAA), the United Nations Development Programme (UNDP), the International Maritime Organization (IMO), Greenpeace, World Wide Fund for Nature (WWF), National Disaster Risk Reduction and Management Council (NDRRMC), DENR, the Philippines’ Bureau of Fisheries and Aquatic Resources (BFAR), and the University of the Philippines Visayas (UPV), among others.
Thirteen years later, Guimaras once again boasts pristine beaches with white sand; TINMR is crowned as “the Jewel of Guimaras”; and the fisherfolks have returned to harvesting the abundance of the waters.
Cleaning up the oil
NOAA’s comprehensive guide to oil spill strategies includes booming, skimming, barriers/berms, physical herding, manual oil removal/cleaning, mechanical oil removal, sorbents, vacuum, debris removal, sediment reworking/tilling, and in situ burning, among other activities. However, the responses depend mainly on various factors, such as the amount of oil involved, the type and quality of oil, the conditions prevailing in the area, and where the incident happened. The responses need to be science-based in order to minimize the possible negative impacts, like soil erosion and environmental contamination.
The locals immediately attempted to contain the oil after the spill. Bayanihan, a Filipino concept of helping each other, emerged from the crisis.
“At first, it was just the local villagers who were soaking up the oil,” Gajo said. But as soon as the news of the spill spread, people came to volunteer in the cleanup.
Because TINMR was in a remote area where the roads were not yet cemented, mechanical removal using heavy equipment was not possible, so the community had to clean the spill site manually.
Initially, the responders used human hair to create a boom to contain the oil. There was a national campaign asking for hair, an effective oil absorbent. Beauty salons and barbershops from different parts of the country collected cut hair and sent them to Guimaras. However, the use of human hair was eventually discouraged.
“It has a slow degradation. It’s also hard to retrieve when it goes into the environment. Human hair may have been exposed to chemicals used at parlors, too. It may end up only as a pollutant,” explained Dr. Resurrecion B. Sadaba, who manages the University of the Philippines Visayas Oil Spill Response Program (UPV-OSRP), created to address the cleanup and serve as the repository of research data used in evaluating the rehabilitation and recovery of the island.
The responders instead began making artisan booms out of bamboos, rattan, leaves, coconut husks, and rice straw, among other natural materials found in the surrounding area. The artisan booms were placed along the beaches to hold the oil back.
The oil that had reached the shoreline was removed by physical wiping with the use of commercial sorbent pads. The hard-to-remove oil was left to degrade naturally.
Cleanup at sea was conducted by the Philippine Coast Guards (PCG), Petron Corporation, and foreign assistance, mainly using oil spill dispersants (OSDs). According to the Oil Spill Prevention Response, OSDs serve as a cleaner, removing the oil from the water surface and breaking them down into smaller particles, which biodegrade more quickly and easily.
Contracted by the company that had insured the Solar 1 and using a ship designed for oil spill recovery, Sonsub, an Italian oil and gas company, recovered the remaining oil from the sunken vessel that lay 640 meters (about 2,100 feet) underwater.
Two remotely operated vehicles (ROVs) deployed underwater and monitored by robotic cameras drilled two holes in each of the 10 sunken cargo containers. One hole was used to introduce water into the tank, pushing the oil out to the second hole that was connected to a shuttle container. The operation continued 24 hours a day, seven days a week during the recovery. After 21 days, a total of 9 cubic meters (about 9000 liters) of oil was recovered.
The shoreline and at-sea cleanup lasted for a year. Responders collected an estimated 282,000 bags (about 2,100 tons) of natural materials used for the spill booms and recovered oil, which were used as an alternative fuel for cement processing in Mindanao.
Mangroves and seagrass
A report shows that the province of Guimaras estimated a total of 648.98 hectares of mangroves forests were affected. Some 469.18 hectares were heavily oiled, while the remaining 179.8 hectares were slightly covered. Three months after the oil spill, 0.93 hectares of mangroves died.
Sadaba says that natural recovery is most appropriate for oil spill cleanup in mangrove forests. OSDs or chemical cleaners must not be used directly in mangroves and surrounding sediments because they may contain chemical components that are toxic to mangrove fauna. “Best action is no action at all. Let nature recover by itself. It’s biodegradation. It’s faster. It’s safer,” he emphasized.
Sadaba noted that, based on his experience from the Semirara Antique oil spill, which happened a few months before the Guimaras oil spill, the responders who went inside the mangrove forests to contain the oil probably stepped on the mangroves, doing more harm than good.
Together with another UPV-OSRP scientist, Dr. Abner Barnuevo, Sadaba published a study that showed various mangroves had experienced structural changes, albinism, and other abnormalities. The structural changes, such as a decrease in leaf size and stunted growth, were attributed to the oil spill.
“Mangrove recovery is based on the tree’s normal functions, such as flowering, fruiting, and growing of the seedlings,” Sadaba said. “In 2014, the mangroves have started exhibiting their normal functions. It’s a sign of recovery.”
University of the Philippines Marine Biological Station (UPV-MBS) head Prof. Marie Frances Nievales studied the situation of another vital part of the marine ecosystem: seagrass. Seagrass meadows, which serve as breeding and nursing grounds for a variety of marine fauna, are an indicator of marine and coastal ecosystems’ health. Also, like the mangroves, seagrass minimizes soil erosion and helps protect coastlines against typhoons and rising tides.
In her study, Prof. Nievales found structural changes in the seagrass of TINMR, including a decrease in seagrass cover and shoot density.
“Seagrass provides economic and ecological services. But these were hampered by the oil spill,” Nievales said. “We also noticed that sea cucumbers in the seagrass meadows were depleting. We did a stock replenishing of sea cucumbers.”
Continuing research for rehabilitation and reconstruction
The cleanup did not stop after the visible oil was gone. The OSDs and other factors such as tidal activity and temperature had broken the oil down into smaller particles in the water and sediment. Aside from being highly insoluble in water, these smaller particles of oil were left for microorganisms to be utilized as sources of carbon and energy. This is biodegradation.
“Continuous monitoring of the polyaromatic hydrocarbons (PAHs) level in the water was conducted,” Sadaba noted. PAHs are carcinogenic to humans and an indicator of the presence of oil. Therefore, PAH levels in the contaminated area have been closely monitored. It took three years before PAHs went down to a safe level according to the acceptable standard set by NOAA.
Dr. Terence P.N. Talorete, a Japan-based Filipino research scientist, suggested the use of bioremediation, a process that speeds up biodegradation. Bioremediation is “the act of adding materials to the contaminated environments to cause acceleration of the natural biodegradation process,” Tolorete said.
The key to this process is the hydrocarbon-degrading bacteria that feed on the heavy oil, which are introduced to an environment contaminated by a spill. When the oil is gone, the bacteria die naturally without harming the environment. Biodegradation with remediation has been applied in the two worst oil spills in U.S. history, namely the Exxon Valdez oil spill in 1989 and the BP disaster and oil spill in the Gulf of Mexico in 2010. However, bioremediation has not been applied in the Guimaras oil spill because further studies were needed.
In the context of the Philippines, bioremediation has been done only in laboratory setups. However, Sadaba and Dekota, a Czech Republic-based environmental research company, have recommended that bioremediation be included in the country’s National Oil Spill Contingency Plan.
Though the UPV-OSRP was initially commissioned for five years, Sadaba was able to extend it to seven due to the need to monitor the recovery of the island.
“The oil spill response program must be institutionalized,” Sadaba said. In the Philippines, there has been an increasing number of oil spill crises. However, there is no existing agency that addresses such concerns. “In every oil spill, the solution differs in each case. But there are patterns. There are good practices that can be replicated.”
He also said that the institutionalization of UPV-OSRP will lessen the country’s expenses in addressing oil spill issues. At present, responses to those issues are primarily sought from consultants hired abroad.
Strengthening coastal management and protection, empowering local communities
With marine resources contaminated, fisherfolk lost their livelihood. Their daily means of survival were put at risk. To address this, coastal families earned incomes through cash-for-work programs such as the oil clean-up and mangrove planting. DENR provided training on tour guiding, souvenir making, catering, and t-shirt printing, among other activities that could provide alternative livelihoods to local community members.
“It is helpful. Because even right now, I still use the skill that I got from the training,” said Lily Galabo, one of the beneficiaries of the livelihood program. At present, Guimaras is strengthening its ecotourism, in which the skills provided are useful.
In 2007, the government of Guimaras sought the help of Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) in implementing international coastal management (ICM), a natural resource and environmental management framework for managing issues in coastal areas.
“The island now has a comprehensive plan on coastal management and protection, ecotourism, and active members,” Rhett Arthur Diana, TINMR protected area superintendent, said.
Government agencies and local community members worked together in implementing the ICM. Local government units (LGUs) provide financial support to marine conservation and law enforcement activities, while DENR, the executive department responsible for overseeing the welfare of the country’s natural resources, partners with local communities.
The ICM takes a “ridge-to-reef” approach, protecting the forest up to the reef. An intensified information campaign has been launched to educate not only the locals but also the tourists. Strict enforcement of maritime laws was implemented, wherein mechanisms were established to ensure environmental protection.
“During the oil spill, some water animals had disappeared. There was silence. You could not hear the chirping of the birds or any other sounds of animals,” said Diana, who documented the mangroves during the rapid assessment. “Now, there are sightings of monitor lizards, water birds like egrets, mudskippers, etc.”
Before the oil spill, there was a lack of data on the fauna on the island, and without baseline data it was difficult to establish the oil spill’s effect on local fauna. Because of the ICM, Guimaras now has a list of both flora and fauna on the island.
“I used to cut down mangrove trees for firewood purposes,” Nard Labado confessed. “I didn’t know about their importance. Now, as a fisherman and resident of a coastal area, I help in mangrove planting and educate my children about the importance of the environment.”
As a member of PEMSEA, Guimaras releases “State of the Coast,” a reporting system developed primarily to present the progress and impacts of ICM implementation. Because of this, PEMSEA considers Guimaras a model for sustainable development and coastal management in the East Asian Seas Region.
Eventually, Guimaras won the 2017 Para El Mar (For the Seas) competition. It arose as champion of the National Integrated Protected Areas System (NIPAS) category, a Marine Protected Areas Support Network annual recognition of best practices in the effective management and science-based governance of marine-protected areas.
DENR trained and educated the local community members on environmental protection and conservation. After the training, they have started planting mangroves and reported suspected poaching and other illegal fishing activities on the island. Equipped with the training provided, they now serve as guardians of the island, making sure that oil spills or any other environmental crises will not happen.
Small hidden beach on Guimaras. Photo by Mats Sjödin, licensed under CC BY 3.0.
CITATIONS
• Abner P. Barnuevo and Resurreccion B. Sadaba (2014) Recovery of mangrove deforested areas from M/T Solar oil spill in Guimaras, Philippines. International Oil Spill Conference Proceedings: May 2014, Vol. 2014, No. 1, pp. 2260-2272. doi:10.7901/2169-3358-2014.1.2260
• Atlas, R. M., & Hazen, T. C. (2011). Oil biodegradation and bioremediation: a tale of the two worst spills in US history. doi:10.1021/es2013227
• Barnuevo, A. P., & Sadaba, R. B. (2014, May). Recovery of mangrove deforested areas from M/T Solar oil spill in Guimaras, Philippines. In International Oil Spill Conference Proceedings (Vol. 2014, No. 1, pp. 2260-2272). American Petroleum Institute. doi:10.7901/2169-3358-2014.1.2260
• Chua, T.-E. 2008. Coastal Governance: a Reflection of Integrated Coastal Management Initiatives with Special Reference to the East Asian Seas Region, pp. 371–402. In: Chua T.-E., G. Kullenberg and D. Bonga (eds.). Securing the Oceans: Essays on Ocean Governance – Global and Regional Perspectives. Global Environmental Facility/United Nations Development Programme/International Maritime Organization Regional Programme on Building Partnerships in Environmental Management for the Seas of East Asia and the Nippon Foundation, Quezon City, Philippines.
• Hoff, R. Z. (1993). Bioremediation: an overview of its development and use for oil spill cleanup. Marine pollution bulletin, 26(9), 476-481. doi:10.1016/0025-326X(93)90463-T
• Nievales, M., & Frances, J. (2009). Some structural changes of seagrass meadows in Taklong Island National Marine Reserve, Guimaras, western Visayas Philippines after an oil spill. doi:10.5134/144631
• OTA, 1991. Bioremediation of Marine Oil Spills and Analysis of Oil Spill Response Technologies. Office of Technology Assessment, Washington DC.
Protocol of 1984 to amend the International Convention on Civil Liability for
Oil Pollution Damage, 1969 (CLC PROT 1984)にサインしている国は少ないです。
日本はサインしていないようです。
AMSAのサイトからのコピーです。
International Convention for Bunkers Liability
The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (Bunkers Convention) was adopted by an IMO Diplomatic Conference in March 2001. The Convention provides for shipowners to be strictly liable for fuel oil spills and requires them to carry compulsory insurance to cover any pollution damage following a fuel oil spill. In accordance with a commitment in the Government’s Oceans Policy, Australia was closely involved in the development of this Convention. The Convention will enter into force one year after the date on which it is accepted by 18 States, including five States each with ships whose combined gross tonnage is not less that 1 million gt. Australia signed the Convention, subject to ratification, on 23 September 2002.
Consultation with interested Commonwealth agencies and industry groups and the States/NT was completed during 2002, and in November 2002 the Australian Transport Council endorsed Australian adoption of the Convention.
Legislation to give effect to the Bunkers Convention in Australia is currently being prepared as part of the "Protection of the Sea" legislation package giving effect to IMO Conventions.
As an interim measure, AMSA has enacted legislation requiring ships entering Australian ports from 6 April 2001 to have documentation on board demonstrating that the ship has insurance coverage, at least to the limit of applicable international treaties.
パナマ船籍の「マリナ アイリス」が沈没！
カンボジア籍船
トーゴ籍船
モンゴル籍船
シエラレオネ籍船
コモロ連合船籍
グルジア籍船
キリバス籍船
パラオ籍船
フィジ籍船
タンザニア籍船
ベリーズ籍船
モルジブ籍船
ミクロネシア籍船
ニウエ籍船
セント キッツ籍船
フィリピンでの船舶による油流出事故
韓国客船 Sewol沈没
MARINA Circulars（PEPUBLIC OF THE PHILIPPINES DEPARTMENT OF TRANSPORTATION MARITIME INDUSTRY AUTHORITY
無国籍船又は幽霊船
