2GO Mulls Filing Suit Vs Sulpicio

2Go Group, Inc. (2Go) shipping mulls filing charges against the Philippine Span Asia and Carrier Corporation (PSACC) formerly Sulpicio Lines Inc., after their ships collided last year that resulted in the death of several passengers and oil spill in Cordova town.

This contained in two-separate communications of their lawyers to the Environmental Management Bureau- (EMB-DENR 7) and the Philippine Coast Guard leaked to MetrocebuNews(MCN) which came ahead of the recent demand letter of Cordova Mayor Adelino Sitoy asking both 2GO and PSACC to pay the damages of P126 million pesos for the oil spill after the collision last August 16, 2013.

The incident resulted in the death of at least 116 passengers of 2Go’s MV St. Thomas Aquinas (‘STA”) after it collided with PSACC’s MV Sulpicio Express Siete in Lauis ledge, off Talisay City, minutes before the passenger vessel was supposed to dock at the Cebu domestic port from Nasipit, Agusan del Norte while the cargo vessel was on its way out of Cebu.

“Our client, 2GO is reserving all its rights to initiate the appropriate legal action to make the party responsible for the collision answerable for the damages caused to all those concerned,” reads a portion of the letters dated September 5, 2013 sent to EMB-OIC regional director William Cuňado and Commander Weniel Azcuna, station commander of the Coast Guard Station-Cebu.

Defense of 2Go

In the letter to Cuňado, lawyers Saben Loyola and Joseph Rebano of the Del Rosario and Del Rosario law firm, also defended their client against the oil spill citing Presidential Decree 979 (Marine Pollution Decree of 1976) which gives exception to incidents of collision at sea of vessels.

“Section 4 of the Presidential Decree 979 Marine Pollution Decree of 1976 except in cases of emergency, imperilling life or property or unavoidable accident or collision,” a portion of the letter of the lawyers said.

Del Rosario Law firm has earned the reputation of being the Philippines’ leading maritime law firm, which aside from 2Go counts as its clients some of the country’s big shipping companies.

In the same letter, the lawyers also claimed that their client should not be faulted for the incident, and point the blame to PSACC instead.

PSACC, however, has also claimed that it was the other way around in the ensuing Special Board of Marine Inquiry (SBMI) that was held.

“We advise that 2Go’s MV Saint Thomas Aquinas (“STA”) is not the vessel at fault for the collision that transpired last 16 August 2013,” both the letter to Cuňado and Azcuna also revealed.

It added, “the sinking of STA is beyond 2Go’s control and whatever environmental impact the sinking of STA may have caused to Cordova, Cebu was an unavoidable and unintentional consequence of the foregoing.”
PSACC Counter

In the SBMI hearing Capt. Nestor Ponteres of PSACC insisted however that their ship was in the right lane and the other vessel crossed its path.

Ponteres, PSACC’s port captain also defended their company on the oil spill, stressing that their vessel was immediately dry docked because of the damage of the collision and that oil spill came from the vessel of 2Go that sunk.

Jordan Go, the CEO of PSACC also claimed they provided oil dispenser chemical to mitigate the oil spill which also affected some barangays in Lapu-Lapu City, which did not sought damages however unlike the local government of Cordova.

PSACC also claimed that they participated in the search and rescue operation of the ill-fated passengers.

Oil Spill Mitigation

In the same letter to Director Cuňado, Atty. Loyola and Rebano also pointed out that 2Go implemented measures to mitigate the oil spill, among them the hiring of foreign experts and a respected mangrove expert, Dr. Resureccion Sadaba of the University of the Philippines-Visayas.

“Dr. Resureccion Sadaba of the University of the Philippines-Visayas, an expert on mangroves is likewise involved in advising for the proper handling of the affected mangroves,” the letter mentioned.

2Go also hired Japanese technical drivers from Nippon Salvage Co. to plug the holes of the sunken vessel, consultant from the International Tanker Owners Pollution Federation Limited (ITOPF)and the Malayan Towage and Salvage Corporation, experts on global oil spill mitigation, which brought “salvor” vessel that siphon the fuel from the 2Go ship.

Angelito Salvio, 2Go’s Assistant Vice President for Shipping Management also revealed that their company spent P55 million for the operation, apart from giving financial assistance to the victims and the giving of food-for-work program to the affected fisher folks in Cordova, according to Sulpicio Tagud, 2Go Pres. and Chief Executive Officer (CEO).

FAST RECOVERY

Dr. Franck Laurelle, one of the experts, has briefed Cebu Gov. Hilario Davide lll as early as the first week of September 2013, barely three weeks after the incident, said for his part that he noticed that the damaged was immediately contained.

Dr. Laurelle and Salvio showed to the Cebu Governor a power point presentation that showed the mitigation of the spill, including the supposed presence of little crabs and a a bird, a white heron, an indication that the mangrove destruction was minimal.

Laurelle went on to advise that people should keep off from the mangroves and to let the natural forces, the surface water and the changing tides to break down the oil stains.

Among the affected area in Cordova where fast recoveries were noticed were in Barangay Bangbang, Day-as, Alegria, Poblacion, Catarman and Buagsong.

Not Worse Compared To Guimaras

Dr. Sadaba, meanwhile, pointed out that the oil spill damage in Cordova was “very minimal” compared to the one that happened in Guimaras in 2006.

A tanker MT Solar 1 chartered by Petron sank in August 11, 2006 while sailing in rough seas en- route to Zamboanga from Bataan while it was carrying about two-million liters of bunker fuel. It took more than one year to clean up the spill, unlike Cordova which was quickly mitigated, Sabada stressed.

MV St. Thomas Aquinas was only loaded with 160, 000 liters, Sadaba explained.

The 2006 incident, dubbed as the “Philippine’s worst oil spill” affected three of the five municipalities of Guimaras province where the spillage also reached the shores of Iloilo and Negros Occidental.

It affected badly the mangroves in the area, its fishing ground including the known Taklong Island National Marine Reserve and several residents were documented to have been contacted with skin diseases.

Sitoy Wanted P126.85 Million ASAP

But Cordova town Mayor Sitoy, for his part, would not want to make the matter sitting down. Sitoy is demanding that 2Go and PSACC, should pay, sending a demand letter to the two companies giving them 30-day deadline, otherwise, the local government will go to court.

Cordova, which incidentally only has 14 barangays, included 13 of its barangays in the break-down of damage fee that is being sought.

Except for Dapitan, the other barangays, Cogon, Gabi, Hilotongan, Ibabao, Pilipog, Cogon and San Miguel were included as among those that sought for damages, its fisher folks, including vendors at the town’s public market and members of people organization which has fish pens in the area.

Mayor Sitoy gave them 30 days, upon receipt of the letter, to pay the amount.

“Your failure to comply herewith would mean our resort to legal remedies, judicial and/or administrative,” a portion of the letter of Mayor Sitoy recently addressed to 2Go Chairman of the Board Francis Chua and PSACC Chairman Enrique Go, along with Pioneer Insurance and Surety Corporation.

The damage sought by Sitoy has the support of its municipal council, Sangguniang Bayan which filed a mass resolution (S.B. Res. No. 110-13) giving authority to the Mayor to proceed.

The amount sought reached P126.85 million as Sitoy added the P41 million which the Department of Environment and Natural Resources (DENR) also wanted both 2Go and PSACC to pay for the destruction.

The mayor’s letter said the damage to his town folks was P85,150,622.83 total, as a result of the spill.

Metrocebu News learned the insurance firm was included for the indemnity and insurance coverage purposes.