Letter to the Editor — Coast Guard's response

This has reference to your column on "After Investigation, What?" that came out on the June 17, 2006 issue of The FREEMAN. In response to the same, it is necessary to elucidate on the authority of the Philippine Coast Guard (PCG) to conduct administrative investigation of marine casualties or accidents.

Pursuant to Republic Act No. 5173, an Act Creating a PCG, Presidential Degree No. 601, otherwise known as the Revised Coast Guard Law of 1974, and the 1976 Philippine Merchant Marine Rules and Regulations, the PCG was vested with specific function to investigate and determine the causes of marine casualties or accidents including sinking, collision, stranding, grounding, foundering, heavy weather damage, fires, explosions, failure of gear and equipment and any other damage which might affect and/or impair the seaworthiness thereof.

The administrative investigation of marine casualties or accidents is conducted by the Board of Marine Inquiry (BMI) at the Headquarters Philippine Coast Guard in Manila and Special Board of Marine Inquiry (SBMI) in each PCG District.

I wish to inform you that at the Coast Guard District Central-Eastern Visayas (CGDCEV) the SBMI is duly constituted and composed of the following members: CDR Redempto A. Deligero PCG (GSC), Deputy District Commander of CGDCEV who acts as chairman, LTSG Donette A. Dolina PCG, lawyer/law member, Capt. Siegfredo G. Lanticse PCGA, Master Mariner/member, and Capt. Romulo R. Pepito PCGA, chief engineer/member. For this matter, I hereby assure you and the public that marine casualties or accidents within the Central-Eastern Visayas District are being investigated by the herein SBMI of CGDCEV.

In the conduct of administrative investigation by the BMI/SBMI, the parties are given due process which includes, among others, the right to be heard and to present evidences and witnesses in support of their cases. The BMI/SBMI, after the investigation is concluded, submits its findings and recommendations to the Commandant for approval. Then, the decision of the Commandant is forwarded to the Secretary of Transportation and Communication (SOTC). Likewise, the parties are also furnished with copies of the same and are given within 30 days from receipt thereof to appeal from the said decision to the SOTC. Otherwise, the decision becomes final.

Hence, it is not possible for the PCG to keep silent and withhold the decisions of the BMI/SBMI on cases involving maritime casualties accidents. In fact, to cite few cases, the investigation by the BMI/SBMI of the Collision between MV Doña Paz and MT Vector on December 20, 1987 in the vicinity of Tablas Strait, between Marindugue and Mindoro and the sinking of M/V Asia South Korea on December 23, 1999, ten miles west of Bantayan Island, Cebu resulted to the filing of class suit by the relatives of the victims against the shipowners and criminal cases against the officers and crew, respectively, of the said vessels with the regular courts.

With the enactment of Republic Act No. 9295 on May 3, 2004, otherwise known as "The Domestic Shipping Development Act of 2004", the aforementioned function was transferred to the Maritime Development Authority (Marina). Surprisingly, however, on September 14, 2005 Marina entered into a Memorandum of Agreement with the PCG for the latter to provide administrative proceeding for marine casualty or accident. This "intramural" in the transfer of functions may not be productive but even then, the PCG continues to perform the aforementioned function up to the present.

I respectfully disagree with you Ms. Mercado that agencies like the PCG do not have a sense of responsibility or purpose. We are responsible to the public and it is for this reason that we continue to carry on the function of investigation of marine casualties or accidents to make a difference in maritime safety and prevent accidents from recurring. It is on this note that I invite you to pay us a visit at our headquarters so you can view reports from marine board inquiry hearings for yourself.

I hope through this letter, the function and conduct of investigation of marine casualties and accidents by the PCG will be understood, appreciated, and supported, by the public especially those involved in the shipping industry.

(Sgd.) Alejandro N. Flora Jr.

Commodore, Philippine Coast Guard (PCG)

Commander, Coast Guard District Central-Eastern Visayas (CGDCEV)