Cordova town to use marine probe findings to bolster damage suit
The findings of the Board of Marine Inquiry’s (BMI) investigation that both ships in last year’s sea collision were in error will reinforce Cordova town’s damage suit against 2GO Group Inc. and Philippine Span Asia Carrier Corp. (PSACC).
Cordova Mayor Adelino Sitoy said they will use the BMI decision to convince the court that the two shipping firms should jointly answer for “irreversibly disrupting” the town’s marine ecology.
“The BMI ruling bolsters our claims against 2GO and Sulpicio. We will present the decision in court,” Sitoy said in an interview yesterday.
The ruling is not yet final as both shipping firms have filed an appeal.
The collision between passenger vessel MV St. Thomas Aquinas owned by 2GO and PSACC’s cargo vessel Sulpicio Express Siete off Lawis Ledge in Talisay City in August last year, resulted in the deaths of 116 passengers.
It also caused an oil spill that polluted Cordova’s coastline.
Vital evidence
The massive oil spill caused by the sunken MV St. Thomas Aquinas destroyed mangroves and affected the livelihood of 5,000 fishermen in 11 of 13 barangays of Cordova town.
Lawyer Benjamin Cabrido, the counsel of the Cordova fisherfolks, said the the BMI decision was “vital evidence.”
“It will really help us a lot. It sustains our theory that the two shipping companies are jointly culpable. The negligence committed by concerned individuals caused the incident to happen and they have to contribute to rehabilitate Cordova,” he said.
Last month, the Cordova municipal government represented by Sitoy and fisherfolk groups filed a multi-million damage suit against the two shipping companies involved in the sea mishap in the vicinity of Lawis Ledge, Talisay City last Aug. 16, 2013.
Sitoy is seeking US$3 million in damages for the complete rehabilitation of Cordova’s marine environment.
Crossing situation
The fisherfolk are separately asking at least P81 million from the two shipping companies to cover their “loss of livelihood.”
Impleaded in the petition filed before the environmental court in Mandaue City were the Department of Environment and Natural Resources (DENR), the Maritime Industry Authority (Marina), and the Philippine Coast Guard (PCG).
Judge Mercedita Dadole-Ygnacio of the Regional Trial Court Branch 28 will hear the arguments of the parties this Friday.
In its decision last July, the BMI said the collision could have been avoided if the crew of both St. Thomas Aquinas and Sulpicio Express Siete communicated with each other, reduced speed and followed procedure in a “crossing situation.”
Cabrido said the degree of negligence on the part of the two ships isn’t the concern of the petitioners.
Summary hearing
“It is not important as to who has the greater and lesser fault between the two vessels. The fact remains that the two ships erred. What we’re after now is rehabilitating the seas of Cordova,” he said.
He said the parties were already notified about the summary hearing to be conducted by Judge Ygnacio to find out whether there is sufficient grounds for the issuance of a Temporary Environmental Protection Order (TEPO).
Related Stories:
Cordova officials, fisherfolk sue two shipping lines
Standing up for sea mishap victims
Mass at sea marks 1st year of Cebu maritime disaster
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
