2 senators want those liable punished
CHARGES of reckless imprudence resulting in multiple homicides, multiple injuries, and negligence have been filed by the Rizal PNP provincial office against a Philippine Coast Guard officer and the owner and captain of the motorized banca that capsized last Thursday off Binangonan, Rizal that left 27 passengers dead.
Capt. Mariesol Tactaquin, head of the Rizal PNP public information office, said the charges were filed last Saturday against Donald Anain, the skipper of the Aya Express; boat owner Rufino Antonil, and PO2 Jay Rivera, the PCG officer on duty at the time of the tragedy.
Tactaquin said of the three, only Anain is in police custody while the other two are still at large. Warrants of arrest will be prepared against them.
The vessel, which can accommodate a maximum of 42 persons, including the skipper and his crew, capsized while on its way to Talim Island in Barangay Gulod, Binangonan. At the time of the tragedy, it carried at least 70, with 40 surviving.
Records also showed that only 22 persons were listed in the manifest.
Binangonan Municipal Disaster Risk Reduction and Management Office chief Jose Hernandez said the boat was authorized by the PCG to travel because the storm signal has been lifted after typhoon “Egay” exited the country.
Typhoon “Egay” brought winds of up to 175 km an hour to Northern Luzon.
The boat came from mainland Binangonan, which is about 30 minutes away from Talim Island by sea. Binangonan is a coastal town just two hours away from Manila.
The boat was battered by strong winds about 50 yards away from Barangay Kalinawan and the passengers reportedly panicked, all going to port or the left side of the vessel, causing it to capsize.
Meanwhile, two senators have filed separate resolutions urging the appropriate committee to investigate the tragedy.
Sen. Grace Poe, Committee of Public Services chair, filed Senate Resolution No. 702 while Sen. Raffy Tulfo filed Senate Resolution No. 705 to determine the accountability of concerned government officials and other individuals and come up with measures to prevent similar incidents from happening in the future.
“Those responsible for the death of the 27 individuals and the trauma of the 43 rescued victims should be held accountable for this incident. This tragedy revealed serious maritime safety compliance lapses that need to be revisited to determine whether the regulations are insufficient to provide and ensure safe voyage of individuals at sea or whether there is simply complacency in the implementation,” Poe said.
Tulfo said he also wants concerned officials of the PCG and the Maritime Industry Authority (Marina) to be charged appropriately should they be found remiss of their duties and responsibilities.
Tulfo said ranking officers of the PCG and the Marina who are found guilty of neglect should also be held accountable under the principle of command responsibility.
Poe reiterated the need for the creation of the National Trasport Safety Board, an independent body that will investigate land, sea, and air accidents, determine probable cause, and issue safety recommendations and studies to prevent their recurrence.
She said the investigation will look into all relevant information to verify reports of overloading, for which the shipowner, operator, and boat captain can be held liable if proven true.
She said the PCG could also face liability for its failure to monitor the number of passengers boarding the boat, validate the truthfulness of the manifest, and consider the harsh weather conditions despite the absence of a storm signal.
Poe said Marina must abide by its mandate under Section 9 of RA 9295 or the Domestic Shipping Development Act of 2004, which states that “All vessels operated by domestic ship operators shall at all times be in seaworthy condition properly equipped with adequate life-saving, communication, safety, and other equipment operated and maintained in accordance with the standards set by Marina, and manned by duly licensed and competent vessel crew.”
“We will find out if Marina did its job of inspecting the vessels and equipment on board to ensure compliance with safety standards,” she said.
Tulfo said the July 27 incident would not have happened if the PCG and Marina had done their duties and responsibilities.
He said Princess Aya Express’ maximum capacity is only 30 passengers but the PCG allowed it to sail with about 70 passengers and without enough life vests, aside from the poor weather condition at the time.
He said the PCG officer/inspector assigned to check the boats at the pier failed to flag the issues.
He said that Marina failed to check the seaworthiness of the ill-fated vessel before allowing it to sail.
“Th results of the investigation should be utilized to improve safety standards for maritime vessels, addressing issues such as overloading, vessel stability, adherence to passenger capacity limits, emergency preparedness, and crew training,” Tulfo said. — With Raymond Africa
