Guimaras fishermen raring to file class suit over oil spill

ILOILO CITY — Fisherfolk affected by the oil spill in Guimaras are poised to sue Petron Corp. and Sunshine Maritime Development Corp. (SMDC), the owner of the sunken Solar I oil tanker, for the worst environmental disaster to hit the country.

Guimaras provincial legal officer, Plaridel Nava, told The STAR yesterday that various groups had offered their services to the affected fishermen in filing a class suit against the two companies now being blamed for the massive oil spill that has damaged hundreds of kilometers of coastline and washed dead wildlife onto the sludge-covered beaches.

Nava, however, appealed to the fisherfolk and the interested groups to coordinate and centralize their efforts with the provincial legal office.

"Our stand is that the provincial government will spearhead the case (class suit) so their (fisherfolk) interest will be amply protected," Nava said.

He stressed the need to centralize legal efforts as many groups are merely riding on the issue and are just out to take advantage of the situation. If several suits are filed, they may only be dismissed on the ground of multiple cases arising from a single cause of action.

"Litigation is not a matter of who is first to file the case. Litigation is something you plan for," Nava explained.

Nava said that he has already prepared a draft of the complaint against Petron and SMDC and had sought the help of environmental lawyer Antonio Oposa in reviewing the sufficiency and substance of the complaint and the Integrated Bar of the Philippines-Guimaras chapter for additional inputs.

But first, he said, they need to send a demand letter to both companies to either re-float the tanker or suction off the remaining fuel, and ship out the debris recovered from coastal cleanup operations.

"If they will not do it themselves, we will look for a company that would re-float the ship or siphon off the oil and have them foot the bill," Nava said.

Meanwhile, the Philippine Coast Guard (PCG) was given three days to officially investigate the incident and determine who should pay for the damages.

Transportation Secretary Leandro Mendoza said that he has given the PCG’s Special Board of Marine Inquiry (SBMI) 72 hours starting yesterday to submit a recommendation concerning possible legal action against those responsible for the wreckage of MT Solar I.

The 11-man SBMI, led by Rear Admiral Danilo Abinoja, was tasked to determine factors that caused the sinking of the oil tanker last Aug. 11.

The PCG’s initial investigation showed that the MT Solar I sank due to rough seas while on its way to Zamboanga City to bring in some 500,000 gallons of industrial fuel.

Both air ventilation and anchor windlass were reportedly damaged due to the pitching motion of the ship. The fuel tanker leaned on its right side as water penetrated its chain locker, prompting the ship’s captain, Norberto Aguro, to maneuver the vessel into the Iloilo Strait at 1 a.m. to seek shelter.

Despite damages to the ship, Aguro, however, allegedly ordered the crew to push through with their voyage at 9 a.m. A few hours later, the vessel once again listed and the captain finally ordered his crew to abandon ship.

Authorities believe it was wrong for Aguro to pursue the voyage. He was later found to lack the required advance training on oil tanker operations as the certificate of competency he submitted has shown he could only take command of chemical tankers.

However, SMDC president Clemente Cancio insisted that the MT Solar I’s crew members were qualified based on international standards and requirements.

Abinoja said Aguro and his crew would be invited in their investigation to shed light on the incident.

No cash bond

According to Mendoza, the government would not seek a cash bond from Petron and SMDC as both companies have been cooperative in the effort to contain the oil spill. He said the government would shoulder part of the expenses while the result of the investigation is pending.

"There is no need for a cash bond. Money is not the issue here. Petron promised to help and fully cooperate. In fact they contacted experts to help us in the cleanup operations and rehabilitation," Mendoza told reporters at a press conference.

Petron, which chartered MT Solar I, has tapped some 800 people from 11 barangays to help in the cleanup operations in the affected shorelines under a cash-for-work program,

While waiting for equipment, officials were concentrating on reining in the vast oil slick that now threatens huge swathes of mangrove forest and coastlines in Negros as well as Panay island on the other side of the Guimaras Strait.

President Arroyo has ordered the release of P20 million for disaster response in the provinces of Guimaras, Iloilo and Negros Occidental.

Of this, P10 million will be released for Guimaras and P5 million each for Negros Occidental and Iloilo.

Sen. Franklin Drilon, however, urged Mrs. Arroyo to take more concrete action to address the massive oil spill.

In a privilege speech, Drilon said that 12 days since the sinking of the oil tanker, Malacañang has yet to take immediate concrete action, aside from the creation of a task force and the release of funds from the National Treasury.

Drilon said this is not enough to conduct a massive cleanup. He also suggested that the government and the private sector join hands in addressing the Guimaras problem. Health hazards

More than 300 residents of Nueva Valencia town in Guimaras are now reportedly suffering from oil spill-related health problems.

Rene Garunita, Task Force Sunrise information officer, told The STAR yesterday that the residents complained of dizziness and difficulty in breathing and were given medications for their illnesses during a recent medical outreach.

The Provincial Health Office also reported to the Task Force that four persons were confined over the weekend in hospitals for related illnesses, although all of them have been discharged.

One of the patients, Ricardo Basco of Barangay Lapaz, was diagnosed to be suffering from chemical pneumonitis for inhaling fumes from bunker fuel that was washed ashore. Another patient, Shirley Templo of Barangay Tando, had developed skin allergies though she was not involved in the cleanup operations. Both were discharged but were still under observation.

The Department of Health (DOH) warned yesterday that exposure to the oil spill is hazardous to the health of the residents of Guimaras Island. In a press conference, Health Secretary Francisco Duque explained that prolonged contact with oil could cause skin reddening, edema and burning.

The government is, however, disputing the report that a fisherman died due to the inhalation of fumes from the oil sludge. But Duque said the incident is still being investigated.

He added that there is a possibility that the residents may be relocated to safer areas to temporarily avoid the health risks but in the meantime, they would be given protective gear.

International help on the way

A Japanese salvage vessel commissioned by Petron to inspect the sunken vessel had set sail from Okinawa and is expected to reach Guimaras in three-days’ time.

Petron public affairs manager Virginia Ruivivar said the ship of Fukuda Salvage and Marine Works Co. Ltd. is equipped with state-of-the-art monitoring equipment that provides images of the vessel on the ocean floor, which will allow it to search the seabed and determine the position and condition of MT Solar I.

"While our aerial surveys indicate that the leak has stopped, we have been gravely concerned about the possibility that the oil remaining in the vessel will continue to be released into the environment," said Petron chairman and CEO Nicasio Alcantara. "With the arrival of the ship, we hope to establish the real condition of MT Solar I and put to rest all speculation."

The tanker was estimated to be lying under at least 640 meters of water, which is beyond the reach of human divers.

The National Mapping and Resources Information Administration (NAMRIA) said the sunken tanker could have slid deeper into the seabed as NAMRIA’s vessels conducting the bathymetric survey of the ocean floor revealed no ship in the suspected location of the wreck. — With Sheila Crisostomo, Edu Punay, Sandy Araneta, Aurea Calica, Christina Mendez, Donnabelle Gatdula, Bebot Sison Jr., Jaime Laude, Pia-Lee Brago, Antonietta Lopez, Katherine Adraneda, Helen Flores, AFP