Press Release
Office of USEC Pineda
September 05, 2006
The DOJ panel, in its initial investigation, found today criminal liability against the ship captain of Solar 1 and civil liability for the officials of Petron and the owner-officers of the ill-fated ship that sank in Guimaras.
The three (3) DOJ undersecretaries and an NBI deputy director who intensely cross-examined a Petron official, a ship owner and the master of the ship involved in the disastrous oil spill disclosed that the laws violated are: reckless imprudence resulting to homicide and damage to property, Clean Water Act(RA 9275), the Corporation law(BP#68), Anti-dummy Law, Domestic Shipping Act(RA 9295), National Internal Revenue Code(RA 8424, as amended).
Undersecretaries Ernesto Pineda, Fidel Exconde Jr., Macabangkit Lanto and NBI assistant Director Tenerife took turns in interrogating initial responsible persons in the unprecedented oil spill tragedy.
As this developed, USEC Pineda said the panel is set to summon ranking officials of the Philippine Ports Authority, MARINA and the crew members who survived the sunken ship to appear on September 8, 2006. He said the move is to possibly pinpoint and bolster the panel with testimonial evidence and determine others who might be responsible in the incident.
Yesterday, the panel grilled Roland Salonga, Petron’s distribution manager who was interrogated on his role more particularly in the chartering of Solar 1 to transport the oil bound for Zamboanga. He claimed to have conducted a thorough inspection of the seaworthiness of the vessel through their company’s marine transport engineer. He claimed that proper steps were undertaken before the voyage, including the tonnage capacity of the ship.
Clemente Cancio, co-owner and one of the incorporators of Sunshine Maritime Dev. Corp.(SMDC) testified on the incorporators of the their corporation including membership of four(4) Japanese nationals with the company. He disclosed that although it has Ph 5 million capital, the company spends tripled the corporation’s income for maintaining overhead expenses. He admitted that the mariner of the ship was reprimanded for violating Petron’s policy several times, particularly, for docking and undocking in loading cargo at the dock area without the aid of tug boat in Lumao, Bataan where the bunker oil was loaded. Mr. Cancio also supported the well-entrenched capacity of the ship to hold the bulk of its oil cargo, though it was built in 1988 and acquired in 2001. He added the ship is strong enough as it is equipped with double hull.
Norberto Aguro, mariner of the ship, claimed that they proceeded with the voyage after having pumped out volumes of water when the ship found listing at its right-starboard portion on the day before it sank. When hinted about complaint of Petron for violating docking and undocking rules at the pier, he said there was no need for a tug boat and that the company (Sunshine Maritime Dev. Corp) was saving considerable expenses from hiring tug boat when loading heavy cargo. Contrary to earlier reports, he said his license as Master Mariner is not expired including his certificate of competency (COC). He asserted that his ID license, although expired, has no bearing in so far as his license as a mariner. However, documents presented by the Captain show that his professional license has expired and his Master Mariner’s certificate is limited to chemical tankers only.
Vice Admiral Arturo Gonsingan, commandant of the Phil. Coast Guard, emphasized that had the captain anchored the vessel at the nearest port in Iloilo, to temporarily shelter and immediately filed marine protest , the incident could have been avoided.
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