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  • Resolve maritime issues, government urged

     

    By Fernan Marasigan and VG Cabuag

    Reporters

     

    TO prevent another maritime accident like the capsizing of Sulpicio Line Inc.’s (SLI) MV Princess of the Stars on June 21 at the height of Typhoon Frank, a legislator proposed that passenger ships be required to have their own reliable weather equipment, and not simply rely on the Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pagasa).

    At the same time, Lakas Rep. Josy Limkaichong of Negros Oriental called for the full implementation of the various laws on the maritime industry to prevent the occurrence of such disasters.

    “While a congressional investigation in aid of legislation is in order, we must not lose track of the fact that there are just so many laws on the maritime industry and we must see to it that they are fully implemented,” said Limkaichong in a news forum in Quezon City on Thursday.

    Having lost 11 constituents in the Princess of the Stars tragedy, Limkaichong said the government should see to it that ships have their own reliable weather equipment.

    Meanwhile, Independent Rep. Roilo Golez of Parañaque urged the justice department and the solicitor general to speed up court proceedings to attach the assets of both Sulpicio and Del Monte to guarantee payment of their potential liability for the cost of salvage and consequential damages, such as destroying the livelihood of Romblon and nearby provinces.

    Golez said he fears that those responsible might default on their obligation and just seek shelter in a protracted court litigation after it was revealed that the safe removal of MV Princess of the Stars could cost a staggering $50 million $100 million, or from P2 billion to P4.5 billion.

    Besides Sulpicio, Golez said Del Monte, as shipper and owner of the endosulfan cargo, could also be held liable for not exercising due diligence in ensuring its highly dangerous cargo was handled with extreme care and would not expose human beings and the environment to the deadly substance.

    Edgar Go, Sulpicio first vice president, welcomed Golez’s move and thanked him for his objectivity and fairness.

    “However, we will not wait for Del Monte to assume its responsibility. We are going ahead with the plans to extract the toxic cargo at the soonest possible time. Stopping the ecological bomb from ticking is foremost in our minds. We will deal with Del Monte’s legal liabilities later,” he added.

    Meanwhile, Go said Sulpicio is close to finalizing its agreement for Titan as the appointed salvager to begin work at the soonest time possible to extract the endosulfan cargo.

    “We are in constant touch with the representatives of Titan Salvage in Singapore,” Go said, giving assurances that “SLI is doing its utmost to expedite and complete the contract with the salvager given the very urgent and delicate task of removing the misdeclared Del Monte cargo.”

    He explained that SLI has been holding talks with Titan Salvage “all this time in close coordination with [Transportation] Undersecretary Elena Bautista.”

    Go reiterated Sulpicio’s three priorities at the moment—the immediate and safe extraction of the Del Monte-owned toxic substance, livelihood support for affected families in San Fernando, Romblon, and continuing assistance to the victims’ families.

    Meanwhile, the Maritime Industry Authority (Marina) will have to resolve the issue on whether or not to allow representatives of the Office of the Solicitor General (OSG) to participate in the hearings for the cancellation of SLI’s franchise.

    The Marina four-man hearing panel, headed by deputy administrator Primo Rivera, is set to resolve the issue at today’s scheduled hearing, after both OSG, which acts the government counsel in all of its agencies’ lawsuits, and the Sulpicio camps, filed their respective stands on the issue on Wednesday.

    The panel’s decision today is crucial to the hearings, as further delay will leave an opening for Sulpicio’s legal counsel, Arthur Lim, to question the participation of OSG representatives in the proceedings, which, so far, has only produced one witness.

    In Tuesday’s hearing, cut short by the scheduled congressional hearing on the same issue, Lim had again raised the issue after the OSG representatives gave instructions to Marina prosecutor Virgilio Calag, from the agency’s Marine Legal Affairs Office, during the proceedings.

    “OSG is eager to participate and is very much interested [on the issue]. I don’t know why OSG is showing its undue interest in this case,” Lim said.

    A brief debate ensued between the two sides after Lim raised the issue that this is the first time that he has seen a keen eagerness of OSG on an issue outside the court room. The hearing is not a quasi-judicial function and only focused on the franchise of Sulpicio to operate in the country. 

    He also asked if the OSG representatives have proper authorization from all government agencies concerned.

    “There must be a formal ruling on this issue,” Lim added.

    Marina’s Rivera earlier explained that they have tapped the services of OSG to represent the agency on the hearings, which hopes to determine if Sulpicio has failed to follow several safety requirements of its franchise, called Certificate of Public Convenience.

    Sulpicio first raised the issue on July 15, which delayed the proceedings and prevented a witness from Philippine Atmospheric Geophysical and Astronomical Services Administration from being questioned by both parties.

    The Marina panel then decided that OSG representatives will only “assist” the prosecutor and will not participate in the proceedings.

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