Solon wants creation of oil spill liability fund

MANILA, Philippines - With numerous oil spills in the country last year, which damaged the marine life as well as livelihood of coastal communities, a lawmaker has proposed that a liability fund be created.

Under  House bill 2967, Cagayan de Oro City Rep. Rufus Rodriguez sought to spell out the liability of owners of tanker barges and haulers or ships for any oil spill or natural resource damage.

"Our Constitution states that the government is the primary guardian and custodian of the nation's natural resources, including care of our marine resources," Rodriguez said.

The bill was co authored by  party-list Rep. Maximo Rodriguez of Abante Mindanao.

HB 2967, entitled "an Act creating the Oil Spill Liability Fund", gives life to the declared policy of the State to prevent, abate, mitigate and control the pollution by oil and oily mixture of the seas within the territorial jurisdiction of the Philippines.

The OSLF shall be managed and administered as a Trust Fund by the Department of Environment and Natural Resources, to be sourced from contribution of owners and operators of tankers and barges hauling oil and/or petroleum products in Philippine waterways and coast-wise shipping routes.

As proposed, during its first year of existence, the Fund shall be constituted by an impost (or levy) of ten centavos per liter for every delivery or transhipment of oil made by tanker barges and tanker haulers.

"After the first year, the amount of contribution shall be jointly determined by the DENR, other concerned government agencies, and representatives from the owner of tanker barges, and ship hauling oil and/or petroleum products," Rodriguez said.

HB 2967 also provides that the maximum amount which may be paid from the Fund with respect to removal costs resulting from a single incident shall not exceed P5 million and natural resource damage assessment and claims in connection with any single incident shall not exceed P2.5 million.

The bill also provides that, without prejudice to the right of the DENR to engage the services of a private contractor, the Philippine Coast Guard, using available funds from the Oil Spill Liability Fund shall be the agency primarily responsible for the physical removal and/or clean-up operations of oil spills.

Rodriguez cited an August oil spill in Cavite which, as determined by the PCG, was caused by a leak in a submerged pipeline of oil firm Petron Corp.

"The oil leak turned parts of Manila Bay red and adversely affected at least four coastal towns in Cavite," Rodriguez said.

Also in August last year, MV Saint Thomas Aquinas 1 collided with the MV Sulpicio Express Siete which caused an oil spill that affected Cordova town.