On
August 11, 2006, M/T Solar 1, an oil tanker owned by Sunshine Maritime
and Development Corp. (SMDC) sank off the island of Guimaras and spilled more
than 2,000 tons of its oil cargo. At the time of the incident, the vessel was
chartered by Petron Corp. (Petron) to deliver more than 2,000 metric tons of
industrial fuel oil from its Bataan Refinery Plant to NPC Western Mindanao
Corp. in Zamboanga City. Due to the
negligence and incompetence of SMDC through its Master, Capt. Norberto Aguro
and crew, as well as of Petron for overloading the vessel, the sinking ofM/T
Solar 1and resulting oil spill polluted the waters off the Municipalities
of Nueva Valencia and Sibunag inGuimaras Province.
The
foregoing facts and the persons responsible therefor were confirmed by the
Philippine Coast Guard (PSG), Special Board of Marine Inquiry (SBMI) which
investigated the incident.
The
oil spill caused death, illness, property and economic loss and damage to the
local inhabitants and the environment.
Approximately
about a thousand individuals who depended on the sea for their livelihood, like
fisher folks, fish vendors, boat owners and similarly-situated local residents,
and about a hundred more municipal employees filed their claims for pollution
damage and clean-up and relief activities, respectively, with the International
Oil Pollution Compensation Fund (IOPC).
IOPC which is based in London processes and settles claims for pollution
damage and clean-up activities caused by oil spills. The fisher folks claimed for damages based on
a conservative calculation of 22months for the duration of the effects of the
oil spill, while the municipal employees’ claim was based on actual time
rendered for the clean-up and relief activities. Unfortunately, the IOPC offered to compensate
the fisher folks based on a 12-week damage assessment only and a lesser amount
for the municipal employees.
Pending negotiations with IOPC, and in
order to avoid their claims from being time-barred after three (3) years based
on IOPC guidelines, the claimants, suing as indigents, filed on August 6, 2009,
two (2) civil cases with the Regional Trial Court (RTC) in Guimaras against
SMDC and its Master, Petron and IOPC (i) for pollution damage; and (ii) for
reimbursement for clean-up and relief activities. These two cases are currently at their
pretrial stage. Attempts at amicable
settlement before the court failed.
Criminal cases were also filed for
violation of the Marine Pollution Decree, P.D. No. 979 and Clean Water Act,
R.A. No. 9275, but with pending issues, and without prejudice to the filing of
additional case for criminal negligence resulting to death of at least one
resident.
The Guimaras Oil Spill is the biggest
disaster of its kind so far in Philippine history. To date, or after seven (7) years after the
incident, however, the claimants have not reverted to their usual means of
livelihood from the sea. The sea
continues to have traces of oil slick which severely affected the fish
catch. After the pollution of the sea, the
marine life which was a source of livelihood to the local residents before are
now gone. The mangroves which used to
flourish on the coast as natural habitat for marine life are gone, too. They do not grow anymore. The environment has not reverted to its
normal state before the oil spill. The claimants continue to be economically
dislocated while the environment continues to suffer the effects of the oil
spill. SMDC and Capt. Aguro are nowhere
to be found to face liability. The
claimants feel that the Government has not taken an active role in protecting
their rights a victims of this environmental disaster. Ironically, the bigger players including
Petron whose oil cargo was the source of the oil pollution have been settled of
their claims for clean up activities by IOPC, and without them having to go to
court. In sharp contrast, the settlement
of the claims of the hapless claimants does not seem to be in the immediate
future.
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