MANILA, Philippines – Senator Cynthia Villar on Tuesday, September 17, demanded several agencies and bureaus concerned with the MT Terranova oil spill and other maritime incidents in Bataan to fast-track the filing of complaints against liable parties.
The Bataan oil spill has affected the livelihood of fisherfolk in Manila Bay, specifically in Bataan and Cavite. Hectares of critical ecosystems were said to be potentially affected, too.
Representatives from the Bureau of Fisheries and Aquatic Resources, Department of Environment and Natural Resources, Philippine Coast Guard (PCG), and the Maritime Industry Authority told Villar they would immediately work on filing cases, with varying targets from one to three months.
But the Department of Justice (DOJ) would have to ensure the strength of evidence, said Fretti Ganchoon, senior state counsel at the DOJ. Ganchoon specializes on international maritime law.
“So, ibig mong sabihin, walang strength of evidence? Nakita mo na ‘yung oil spill, nakita mo na ‘yung di nakain ‘yung isda for ilang weeks, tapos ngayon, strength of evidence pa sasabihin mo sa akin?” Villar, who leads the Senate committee on environment, natural resources and climate change, said on Tuesday. This is the Senate’s second hearing into the oil spill incident that happened last July.
(Do you mean to tell me there’s no strength of evidence when you already saw the oil spill, you saw how the fish were uneatable for weeks? Now, you’re using strength of evidence as an excuse?)
Ganchoon explained that the case buildup is a crucial part of filing, as insufficient evidence will only result in a dismissal of the case. She added that damage to livelihood and the environment can either be a civil or criminal case.
“Very technical po kasi ‘yung evidence in court,” Ganchoon said. “But dito po sa atin, we can say na, opo, may effect sa environment.“
(Evidence in court is very technical. But here we can say, yes, there is an effect on the environment.)
Meanwhile, Senator Francis Tolentino brought up the 2023 Oriental Mindoro oil spill and asked what cases had been filed.
“Matagal-tagal na iyang Mindoro oil spill,” said Tolentino. (A long time has passed since the Mindoro oil spill.)
In this case, it was Pola, Oriental Mindoro Mayor Jennifer Cruz, together with the National Bureau of Investigation Environmental Crime Division, who filed a criminal complaint against the owner of sunken MT Princess Empress. It came three months after the ship sank off Naujan in February 2023.
Anomalies in documents, history
MT Terranova sank off Limay, Bataan, more than a month ago. Its sinking was conflated with MTKR Jason Bradley and MV Mirola 1, both of which ran into trouble in Bataan around the same time frame that MT Terranova sank.
The two other ships were plagued by anomalies. MTKR Jason Bradley had a warrant of seizure and detention for its alleged involvement in oil smuggling in 2022, while MV Mirola 1 set sail without clearance from the PCG.
Mary Jane Ubaldo, the owner of MV Mirola 1, recounted during Tuesday’s hearing the events that led to their ship sailing off in July without clearance from the Coast Guard.
Ubaldo said the caretaker of MV Mirola 1 — then anchored in the vicinity of the breakwater in Navotas — “panicked” when waters became rough The caretaker tried to seek safe harbor by asking help from a tugboat’s captain.
The shipowner said: “Habang hinihila na po sila nitong tugboat, naputol po ‘yung pagkakatali. Doon na po nag-umpisa mag-panic ‘yung caretaker ko po. Kasama po kasi niya ‘yung asawa po niya tsaka ‘yung anak niya. Tumalon po sila sa dagat, lumipat po doon sa tugboat. Tapos po, naiwan na po na napapadpad po ‘yung barko.“
(When it was being towed by the tugboat, the line was cut off. That’s when my caretaker started panicking, especially because he was with his wife and child. They jumped into the sea and transferred into the tugboat. Then, the ship was left floating away.)
Ubaldo denied being involved in an oil smuggling incident in the past year but said they had a similar violation of leaving the port without clearance before.
MV Mirola 1 ran aground in Mariveles, Bataan, days before MT Terranova sank. Two days after the MT Terranova incident, MTKR Jason Bradley sank off the waters of Barangay Cabcaben in Mariveles.
As of September 13, the Coast Guard reported that the siphoning of industrial oil from MT Terranova had been completed, with salvage operations to follow. – Rappler.com