Probe: Both liners liable for oil spill

Both the 2GO Group Inc. and the Philippine Span Asia Carrier Corp. (PSACC) are liable for the Aug. 16 collision of their vessels off Lawis Ledge in Talisay City last year.

This was the finding of the Special Board of Marine Inquiry (SBMI) investigation on the tragedy that claimed hundreds of lives and caused an oil spill that damaged Cordova town’s coastline.
The SBMI finished their investigation a month before the first anniversary of the incident, but results were disclosed only recently.

It said the ship collision and the resulting oil spill would not have occurred if 2GO’s M/V St. Thomas Aquinas gave way to Span Asia’s Sulpicio Express Siete cargo vessel.

“St. Thomas Aquinas Capt. Reynan L. Bermejo “failed to recognize the existence of a crossing situation prior to his maneuvers in approaching the Traffic Separation Scheme (TSS),” the SBMI said.

Serious risk

Citing Rule 16 of the International Regulations for Preventing Collisions at Sea (COLREGS), the SBMI said St. Thomas Aquinas should have been “directed to keep out of the way of Sulpicio Express Siete.”

It said Bermejo also “failed to determine the risk of the collision as he just negligently sailed towards the TSS unmindful of the serious risk of collision between two converging vessels.”

The BMI said the use of very high frequency (VHF) radio by both vessels distracted the crews who failed to monitor and study the movements of the other vessel.

It said St. Thomas Aquinas has two apprentices as lookouts with no proven qualification while the Sulpicio Express Siete has no designated qualified lookouts.

The board said the Global Positioning System (GPS) logbook wasn’t filled up on time as the data is taken in violation of the “rules in safety management system on proper recording and keeping of records and data.”

Due regard

“When vessels in sight of one another are approaching each other and from any cause, either vessel fails to understand the intentions or actions of the other or is in doubt, the vessel in doubt shall immediately indicate such doubt by giving at least five short rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.”

The BMI also said both vessels should have reduced speed to reduce the damage they sustain in case of a collision.

Lito Salvio, vice president of 2GO Group, last night sent an e-mail message to CDN with the company’s official statement.

“In a capsule, the BMI findings failed to give due regard to the fact that Sulpicio Express Siete wrongly occupied the outbound lane thus creating risk of the collision and did nothing to avoid the collision,” the management said.

The management also insisted that St. Thomas Aquinas was trapped between Sulpicio Express Siete and Lauis Ledge.

At fault

“The 2GO management, however refrains from discussing its position put forth in the appeal because of the sub judice rule which restricts comments and disclosures pertaining to pending the judicial proceedings,” the management added.

“The BMI findings are not binding on the courts since the courts will have to determine who is the party at fault and damages to be paid,” they said.

The management also said that the BMI findings are not yet final and cannot be invoked by anyone at this stage.

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