House panel probes Semirara oil spill for liability

Congressmen investigating the Semirara oil spill are now focusing their sights on the people behind the environmental disaster.

Bukidnon Rep. Nereus Acosta, chairman of the committee on ecology at the House of Representatives, said the panel is looking into the "liabilities and responsibilities of the parties involved" in the oil spill off Semirara island in Antique late last year.

For one, the National Power Corp. (Napocor), whose barge caused the spillage of bunker oil in the area, should be made to pay for the environmental damage, Acosta said.

Lawmakers noted the oil spill damaged some 40 square kilometers of fish sanctuaries that left over 2,000 fishermen economically displaced.

The oil spill also damaged coral reefs, mangroves and other marine life in the area.

"Unless proven to be exempted by law, Napocor shall be held criminally liable under these provisions and must assume responsibility for the costs of appropriate cleanup requirements," Acosta said.

He said the panel is currently determining the liability of the other parties involved in the ecological disaster for violation of environmental laws, immediate cleanup, payment of environmental and civil damages, and environmental rehabilitation.

Acosta cited Republic Act 9275, or the Clean Water Act of 2004, which provides a penalty for firms involved in oil spills, or leakage "of oil from or out of any ship, vessel, barge, or any other floating craft into or upon the territorial and inland navigable waters of the Philippines."

Penalties include a fine ranging from P50,000 to as much as P1 million, or a "prison term of one year to six years or both, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws," he said.

Under existing laws, each Napocor power barge should be covered by pollution incident insurance under the Government Service Insurance System (GSIS) and "re-insured" to the British Marine Managers of London.

In case a civil case is filed against Napocor, Acosta said it was likely that "the amount of the damages will be drawn from this London firm, through its local counterpart, Pioneer Insurance Corp."

"Despite the exhaustion of insurances, the persons liable for spillage should be dealt with accordingly so that oil spills of this kind will be prevented in the future," the Bukidnon lawmaker said.

Aklan Rep. Florencio Miraflores earlier said Napocor should be held liable for the oil spill, since it poses great danger to the world-renowned Boracay beach resort, which has attracted tourists from all over the world.

"They (Napocor) have to be accountable. In a way, they are negligent since it’s more than one month since the oil spill took place (in December), but they have yet to clear the area. They don’t even have the equipment," Miraflores said.

The Aklan lawmaker expressed concern over the damage the oil spill may bring to Boracay.

The island resort located just off the coastal province of Aklan is considered one of the best beaches in the world and draws a huge number of tourists throughout the year.

Napocor’s Barge 106 ran aground 200 meters off Sitio Bobog in Barangay Semirara last Dec. 18 due to strong winds and waves. It was reportedly being towed to Oriental Mindoro from Masbate.

Some 195,000 liters of its 800,000 liters of bunker oil spilled and have spread about five kilometers off the Semirara shoreline, damaging some 300 hectares of mangrove, sea grass and coral, according to environmentalists and the Philippine Coast Guard.

The Coast Guard, through its marine environmental protection chief Deputy Commander Allen Toribio, said civil and criminal charges should be slapped against Napocor.

Toribio said the spill has contaminated an estimated 40 square kilometers of marine waters in Semirara Island, affecting about 236 hectares of mangroves.

The Coast Guard, along with the Department of Environment and Natural Resources is currently handling the cleanup. More than 17,000 sacks of contaminated materials from both the shoreline and mangroves have already been collected.

But Miraflores claimed Napocor was ill equipped to address such accidents. He said affected barangays and municipalities should also demand compensation from Napocor for the damage.

Rehab package

Napocor, on the other hand, said they have already drawn up a rehabilitation package for the areas and residents affected by the oil spill.

According to Sen. Pia Cayetano, chairman of the Senate committee on environment, the rehabilitation package will be presented by Napocor officials in a public hearing.

Cayetano said Acosta would also attend the public hearing to represent the House and witness the presentation of the rehabilitation package by Napocor in Boracay.

Acosta is co-chairman of the Joint Congressional Committee on Clean Water Act with Cayetano.

Napocor president Cyril del Callar said the rehabilitation program would include reforestation of affected mangrove areas and providing livelihood for affected residents on sustainable level.

"We want the program to have a very long-term impact on the lives of the residents in the affected areas. It should become a means for them to achieve a sustainable and continuous source of livelihood, which we hope would boost the island’s economic progress," Del Callar said.

But the Napocor chief did not say how much would be allocated for the rehab package.

Based on initial estimates, Napocor spent P90 million for the cleanup of the oil spill alone. At the same time, Del Callar denied reports that 175,000 cubic meters of spilled oil had affected mangrove areas of Semirara.

Del Callar said the power barge spilled only 210,000 liters of Bunker C Fuel, equivalent to 210 cubic meters.

At present, more than 33 percent of the total 113 hectares affected area in the island has been cleaned, including mangrove areas, he said.

On the other hand, almost 31,000 out of an estimated 60,000 sacks of contaminated debris and materials have been collected by a team of 260 local personnel.

More than 13,000 sacks out of this number were already transferred to the designated permanent dumpsite. — With Donnabelle Gatdula, Marvin Sy