By Jennifer P. Rendon
The Philippine Coast Guard-Iloilo Station announced Friday that it would file criminal charges against AC Energy Philippines, owner of Power Barge 102 that spilled bunker fuel in Iloilo Strait following an explosion on July 3, 2020.
In a press conference Friday morning, Commander Johonsan Fabilane, deputy commander of PCG Legal Service, said they will file a case for violation of Section 107 of Republic Act 8550 (The Philippine Fisheries Code of 1998) as amended by RA 10654 (Aquatic Pollution) against AC Energy before the Iloilo City Prosecutors Office within the day.
Lieutenant Commander Joe Luviz Mercurio, PCG-Iloilo Station commander, will stand as complainant.
Fabilane said that the Ayala-owned company would be the direct respondent, but they would also be impleading its president, as well as the plant manager “because they have the direct hand in the operation.”
The case was finalized after PCG investigators gathered enough evidence to support the criminal complaint, he added.
“Under this law (RA 8550 as amended by RA 10654), ‘pag merong na-introduce sa dagat na makakapag-cause ng harmful effects or would change the water quality of the sea that would result in the disruption of the life and livelihood of those in the coastal, ‘yung tinatawag na aquatic pollution, ito pa ay saklaw ng RA 8550,” Fabilane said.
In the case of Power Barge 102, there was no need for a lot of evidences because “the mere fact that we have pictures of the oil spill, that has in fact reached the coastal areas.”
Fabilane said the spill disrupted the lives of people in several coastal areas in Iloilo City and Guimaras, and Iloilo provinces.
“In fact, there are about 400 individuals who have been relocated. Kinakailangan silang i-relocate. Bakit? Sobra ng lakas ng amoy ng bunker fuel na hindi nila kayang tumira doon sa kanilang mga tirahan. Their livelihood was also affected. Some of them could not go into fishing,” he said.
The evacuees mostly from Bo. Obrero in Lapuz, Iloilo City where the barge was moored, have been relocated to at least four hotels rented by AC Energy.
As to the penalty, Fabilane said that under RA 8550, imprisonment of 6-12 years might be meted on the guilty party.
The law also imposes double the administrative fine plus P15,000 per day of the damage.
“The damage would be computed from the day the spill happened on July 3 until such time na wala na ang epekto ng oil spill,” he said.
As regards the administrative fine, Fabilane said the Bureau of Fisheries and Aquatic Resources (BFAR) will be the one to conduct the administrative proceedings and determine the penalty.
COMPENSATION
Fabilane said the criminal complaint is separate from the compensation because the latter is more on the civil aspect of the case.
“Although we could help with those affected in Iloilo and other outlying municipalities of Iloilo and Guimaras. They could ask help from PCG. They could also seek help on how they could ask for compensation as caused by the oil spill,” he said.
Fabilane said the local government units could also pursue civil damages against AC Energy Philippines.
For now, Fabilane said he could not speculate on what will happen to the power barge operation.
“We are not privy to that. That would depend on the decision of the court,” he said.
ADMINISTRATIVE LIABILITIES
Fabilane said they also found operational deficiencies on the part of the barge management.
As such, they would also be conducting administrative proceedings to determine a possible violation of PCG memorandum circulars on marine environmental protection.
“Initially, mayroon kaming nakikitang deficiencies but we need to undergo administrative proceedings,” he said, adding that AC Energy will be given the chance to explain.
For one, Fabilane said they saw the documents of PB 102, specifically its oil record book.
“Sa oil record book kasi, doon mo ni-re-record ang nilalagay mong langis at ang tinatanggal mong langis,” he said.
The document would also show the amount of fuel in the tank and if there were incidents and accidents that caused the oil to come out of the barge.
“Sa amin pong pag-inspection, the last entry was May 2020. In June and July, no entry was made,” he said.
Fabilane said that it is a prima facie evidence against the company for not updating their oil record book, hence, a possible violation of PCG regulations.
The investigation also revealed that the barge’s garbage record book was not updated. The book should hold records of the amount of garbage, when was it taken, and the accredited garbage collector that collected it.
However, “the last entry was way back in 2019. Because they have no record, it makes you question kung nasaan na ang garbage nila. Sino ang kumulekta?” He said.
There are also deficiencies in the barge’s oil spill contingency plan.
“The plan should be current. Like there’s a page there where oil spill drill and exercises should have been recorded,” he said
Fabilane added that the barge should conduct an oil spill contingency drill or exercise at least once a year, at the minimum.
“However, when we inspected the oil spill contingency plan, we found out that the page that they should have recorded it is blank. There’s no entry,” he said.
Fabilane underscored the drill’s importance as it will show how ready the company can respond to oil spills.
Barges and similar vessels are also required to have oil spill containment equipment and a dedicated oil spill team.
“We need to see if they have activated the oil spill team and if they have executed properly based on the provisions of their oil spill contingency plan. We would look into that,” he said.
RECOVERY PROCESS
Mercurio on Friday said that they might terminate the recovery process very soon as they have already retrieved 245,600 liters of bunker oil as of 8 am Friday.
Around 251,000 liters of bunker fuel from PB 102’s 268,000 liters leaked out following the explosion.
“We would determine if we could terminate the recovery process based on the physical appearance of the oil spill booms,” he said.
The Coast Guard will also check the drone surveillance on the cleanup.
“After that, we could proceed to the cleanup operation,” he said.
Mercurio assured the public that they are doing everything to end the crisis.
He said that AC Energy Philippines has been cooperative as far as the recovery process efforts are concerned.
