Cordova mayor, fisherfolk groups file cases against shipping firms for oil spill

By: Ador Vincent S. Mayol August 14,2014 - 12:01 PM

UPDATED, 8/14/14, 5:53 P.M.

Multi-million damage suit against two shipping firms for oil spill damage on Cordova

Cordova Mayor Adelino Sitoy and fisherfolk groups yesterday filed a multi-million peso damage suit against two shipping companies involved in last year’s collision off Talisay City waters that caused an oil spill which damaged the town’s marine resources.

The petitioners said the oil leak from the sunken MV St. Thomas Aquinas has “irreversibly disrupted” the town’s marine ecology from which their economy is heavily dependent on.

They requested the environmental court in Mandaue City to order 2GO Group Inc. and Philippine Span Asia Carrier Corp. (formerly Sulpicio Lines) to jointly pay US$3 million or roughly P132 million for the complete rehabilitation of the Cordova’s marine environment.

The fisherfolks are separately seeking payment of at least P81 million to cover their “loss of livelihood.”

“These two shipping companies have been blaming each other. No one really wants to admit committing any mistake here,” Mayor Sitoy told reporters before filing the case yesterday.

“We tried to negotiate with them (2GO and Sulpicio) in order to settle issues outside the court. But we seemingly didn’t see any horizon of settlement. So we don’t have any other recourse but to go to court. Now, they have to answer in court,” he added.

Aside from the two shipping companies, also impleaded in the case were the Department of Environment and Natural Resources (DENR), the Maritime Industry Authority (MARINA), and the Philippine Coast Guard (PCG).

Lawyer Benjamin Cabrido of the Philippine Earth Justice Center said the three government agencies failed in their mandate to protect Cordova from the oil spill.

“They are doing what they are expected to do. They just keep on delaying things. So now, we’re asking the court to compel these government agencies to perform their mandate under threat of contempt,” said Cabrido whose law firm represents the fisherfolks.

The petitioners’ are seeking the issuance of an Temporary Environmental Protection Order (TEPO), an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve, or rehabilitate the environment.

Cabrido asked the court to constitute a special fund equivalent to US$3 million which shall be sourced by Marina from the “Protection and Indemnity Insurance” of the two shipping companies.

Cebu Daily News contacted Manila-based lawyer Dennis Cabanos of 2GO Group Inc. but he did not answer the calls. A text message sent to his cellphone was also left unanswered.

PSACC lawyer Jaime Vibar earlier said the oil that leaked into the sea did not come from their vessel, M/V Sulpicio Express Siete.

He said the Cordova municipal government should instead hold the 2GO Group Inc. accountable for the oil spill.

St. Thomas of Aquinas of 2GO Travel was carrying 20 tons of diesel oil and 120 tons of bunker oil when it sank in the vicinity of Lawis Ledge, Talisay City, after colliding with the cargo vessel MV Sulpicio Express Siete last Aug. 16, 2013.

The ship’s sinking also caused the deaths of over 116 passengers and left 21 persons missing. The oil spill covered three hectares and affected 5,000 fishers in 11 of 13 barangays (villages) of Cordova town.

Sitoy said the local government continues to assist fisherfolk by continually giving them financial assistance, pumpboats, and traysikad for them to earn a living.

Cordova town paid P4.3 million as fee in filing a case against the respondents before the Regional Trial Court in Mandaue City.

Cabrido is the lead counsel of the fisherfolks while Cordova town is represented by Cebu Provincial Attorney Orvi Ortega and Asst. Provincial Attorney Orvi Ortega.

Cabrido said the 2GO Group Inc. and Philippine Span Asia Carrier Corp. should be made to answer for the cost of “clean-up, protection, restoration, and

Multi-million damage suit against two shipping firms for oil spill damage on Cordova

Cordova Mayor Adelino Sitoy and fisherfolk groups yesterday filed a multi-million peso damage suit against two shipping companies involved in last year’s collision off Talisay City waters that caused an oil spill which damaged the town’s marine resources.

The petitioners said the oil leak from the sunken MV St. Thomas Aquinas has “irreversibly disrupted” the town’s marine ecology from which their economy is heavily dependent on.

They requested the environmental court in Mandaue City to order 2GO Group Inc. and Philippine Span Asia Carrier Corp. (formerly Sulpicio Lines) to jointly pay US$3 million or roughly P132 million for the complete rehabilitation of the Cordova’s marine environment.

The fisherfolks are separately seeking payment of at least P81 million to cover their “loss of livelihood.”

“These two shipping companies have been blaming each other. No one really wants to admit committing any mistake here,” Mayor Sitoy told reporters before filing the case yesterday.

“We tried to negotiate with them (2GO and Sulpicio) in order to settle issues outside the court. But we seemingly didn’t see any horizon of settlement. So we don’t have any other recourse but to go to court. Now, they have to answer in court,” he added.

Aside from the two shipping companies, also impleaded in the case were the Department of Environment and Natural Resources (DENR), the Maritime Industry Authority (MARINA), and the Philippine Coast Guard (PCG).

Lawyer Benjamin Cabrido of the Philippine Earth Justice Center said the three government agencies failed in their mandate to protect Cordova from the oil spill.

“They are doing what they are expected to do. They just keep on delaying things. So now, we’re asking the court to compel these government agencies to perform their mandate under threat of contempt,” said Cabrido whose law firm represents the fisherfolks.

The petitioners’ are seeking the issuance of an Temporary Environmental Protection Order (TEPO), an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve, or rehabilitate the environment.

Cabrido asked the court to constitute a special fund equivalent to US$3 million which shall be sourced by Marina from the “Protection and Indemnity Insurance” of the two shipping companies.

Cebu Daily News contacted Manila-based lawyer Dennis Cabanos of 2GO Group Inc. but he did not answer the calls. A text message sent to his cellphone was also left unanswered.

PSACC lawyer Jaime Vibar earlier said the oil that leaked into the sea did not come from their vessel, M/V Sulpicio Express Siete.

He said the Cordova municipal government should instead hold the 2GO Group Inc. accountable for the oil spill.

St. Thomas of Aquinas of 2GO Travel was carrying 20 tons of diesel oil and 120 tons of bunker oil when it sank in the vicinity of Lawis Ledge, Talisay City, after colliding with the cargo vessel MV Sulpicio Express Siete last Aug. 16, 2013.

The ship’s sinking also caused the deaths of over 116 passengers and left 21 persons missing. The oil spill covered three hectares and affected 5,000 fishers in 11 of 13 barangays (villages) of Cordova town.

Sitoy said the local government continues to assist fisherfolk by continually giving them financial assistance, pumpboats, and traysikad for them to earn a living.

Cordova town paid P4.3 million as fee in filing a case against the respondents before the Regional Trial Court in Mandaue City.

Cabrido is the lead counsel of the fisherfolks while Cordova town is represented by Cebu Provincial Attorney Orvi Ortega and Asst. Provincial Attorney Orvi Ortega.

Cabrido said the 2GO Group Inc. and Philippine Span Asia Carrier Corp. should be made to answer for the cost of “clean-up, protection, restoration, and rehabilitation” of Cordova’s marine ecosystem./Senior Reporter Ador Vincent Mayol

 

 

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Span Asia won’t pay, insists ship not at fault in oil spill

Sitoy wants to know insurers of shipping companies

No fault, no pay

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TAGS: Cordova, mangroves, Oil Spill, pollution, shipping

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