The Manila Bulletin
January 2, 2012,
MANILA, Philippines — The Philippine Coast Guard (PCG) is set to file charges against the owner of the Cambodian-flagged cargo shipping vessel loaded with 6,000 metric tons of coal that ran aground along the shoreline of Agno in Pangasinan for damages and alleged negligence on the part of the operator.
Captain George Ursabia, PCG Northern Luzon district commander, said the vessel identified as M/V Chang Da-12 with 12 crew members, accidentally hit the rocky shoreline of Aren Point along Barangay Abagtanen in Agno town on December 19 while they are supposedly to deliver more than 6,000 metric tons of coal which came from Indonesia to their point of destination in China.
Ursabia said that they are planning legal action against the owner of the distressed vessel since the Sino Genesis Investments Limited, a Cambodian-owned company based in Hong Kong is reportedly the owner and operator of the cargo vessel allegedly failed to make such positive action.
“Considering the fact that time is of essence to prevent the cargo vessel from breaking up which might cause an environmental disaster since big and strong sea waves brought by the northeast monsoon continue to pound the grounded vessel,” Ursabia said.
The vessel is also loaded with 13,000 liters of bunker fuel which is threatening to spill-out and affect the coastal residents of Barangay Abagtanen.
The PCG Northern Luzon chief said that since December 24, renowned salvor company Malayan Towage was commissioned by the PCG and arrived due to the slow action from the ship owners.
He claimed that the ship does not have statutory certificates onboard such as certificates of ownership and registry, cargo ship safety certificate and manning certificate. Ursabia added that it does not have any required insurance coverage such as hull and machinery insurance and a protection and indemnity coverage.
“The ship is also very old, severely deteriorated and considered extremely unseaworthy,” Ursabia said.
He also said that aside from the PCG, local authorities and environment agencies in Pangasinan were alarmed following the manifestation of the ship owner’s representative that they will not pay for the expenses and claims related to the accident as accordingly, it was not their fault.
“Hindi naman yata makatarungan na i-insist nila na wala silang dapat bayaran,” the PCG Northern Luzon chief said.
Under Republic Act 9993, the PCG will have to prioritize the refloating of the ship to preclude environmental disaster and thereafter detain the ship at the nearest safe heaven, most probably in Sual according to Ursabia.
The PCG Northern Luzon chief also noted that the local government officials in Agno were also angered and quite worried following the owner’s plan to transfer the coal from the distressed ship to another cargo vessel so it will be transported to China.
“Bastusan naman yun if ililipat na lang nila ng basta-basta yung shipment sa another vessel. We and the other agencies involve are all set to doing legal actions against the Sino Genesis Investments Limited since hindi makatarungan for the residents doon kung iiwan lang nilang naka tiyangyang yung barko doon”, Ursabia said
Initial investigation by revealed that cargo vessel suffered engine trouble and steering problem around afternoon of December 19, causing it to drift and eventually ran aground the said area. The ship captain later that day declared an abandoned ship and they were rescued by local fisherman in the area.
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