The Philippine Coast Guard (PCG) has a duty to hold MV Double Prosperity, the foreign bulk carrier stuck on Bacud Reef in Kiamba, Sarangani, since last May 8 until an acceptable settlement is paid or reached, according to the provincial legal officer.
Lawyer Arnel Zapatos submitted the “Complaint in Intervention” of Governor Migs Dominguez, vice chairperson of the Sarangani Bay Protected Seascape-Protected Area Management Board (SBPS-PAMB), to the Special Board of Marine Inquiry (SBMI) which heard the case in Davao City last June 6-7. The SBMI is the investigating body of the PCG.
“SBMI should impose sanctions on the vessel and to continue to hold custody of the vessel and withhold certification of her seaworthiness pending the non-settlement of SBPS-PAMB’s claim for the damaged reef,” said the governor as complainant-intervenor.
Zapatos disclosed that during the SBMI inquiry, the crew of MV Double Prosperity admitted that the captain allowed the ship to get near the shore, despite knowledge that Bacud Reef exists in their navigational map, in order to get cell phone signals.
“The Third Mate admitted that he was the one maneuvering the ship when it went aground and he miscalculated her turn, causing (MV Double Prosperity) to hit the reef. They were running at 13 knots when it hit the reef on a complete stop. He was aware that they were allowed to go nearer the shore at five miles,” Zapatos said. “The watchman admitted that he saw fishermen, and fishes indicating that they were near the shore and near the reef because there were fish sightings.”
With all the admissions, the PAMB of Sarangani submitted its “Complaint in Intervention” on the grounds of negligence, damage to the reef in a protected area, and anchored on the PCG’s duty to hold the ship until an acceptable settlement is paid or reached.
“Our PAMB did not only claim the negligence of the ship and its owners for being solidary in nature, also, it prayed that the PCG has a duty to protect the environment,” Zapatos pointed out. “This duty is explained in the MMDA (Metro Manila Development Authority) case of December 2008 where the SC (Supreme Court) said that the statutory mandates of PCG, among other government entities, to protect the environment is a ministerial duty demandable by mandamus, for them to perform.”
“It is our submission,” Zapatos said, “that PCG should hold the ship for as long as it does not settle or pay their obligations because the ship caused damage to our environment; the PCG’s authority to hold it is a ministerial duty because the ship is the instrument of the violation of law.” [Serafin N. Ramos Jr./Sarangani Information Office]
The PCG is likewise mandated to suspend the travel documents and the certificates of the crew and ship, according to the legal officer. The PCG can even fine and rule on the physical damage that was caused by the ship to the detriment of the environment.
“On June 6, we had already demanded for a security bond from the owners of the ship in order to ensure that there is that corresponding amount ready to pay us or settle our claims – no response as to this,” Zapatos said.
The demand was made after Zapatos deplored the salvor’s “slow operations”.
“Their next date to attempt to refloat the ship is on June 15. The deadline for the issuance of the security bond will also be on June 15,” Zapatos said.
At Bacud Reef, MV Double Prosperity continues to unload her cargo of coal onto a barge, according to Carmelo Velasco, municipal planning officer.
“Many old fisherfolk are trying to extend help to cast away bad spirits thru prayers and material offerings,” Velasco said. “That’s according to their beliefs. You can’t pull the vessel unless you offer something in return.”
A situation report dated June 3 by CDR. Roy Echeverria, acting station commander of Coast Guard Station Gensan, stated that the salvor attempted to refloat MV Double Prosperity that day “with negative result.”
Echeverria also said in a June 7 report that “no oil leaks and no security threat (were) observed.” An officer and five PCG personnel on board the cargo ship were all accounted for.
