Investigator blames captain for Philippine ferry tragedy

The captain of a Philippines ship that sank in a typhoon killing nearly 800 people dead was to blame for the disaster, an investigator said Wednesday.

The captain took the ship to sea despite a typhoon warning, preliminary results of an official investigation into the sinking of the Princess of the Stars ferry found.

“Human error is the principal mistake on the part of this tragedy,” said Captain Demetrio Ferrer, vice-chairman of the Board of Marine Inquiry.

The ship’s captain, who is believed to be among the dead, should have realised it was not safe to go out, he added.

The ferry capsized after sailing into the eye of Typhoon Fengshen on June 21. Only 58 of the 850 passengers and crew survived the tragedy.

Sulpicio Lines, the owner of the ferry, had earlier blamed the government weather station for forecasting that the storm would move in another direction.

Ferrer said the captain had instruments aboard the vessel that would have detected an approaching storm.

He recommended tighter safety measures and said the board would study documentary evidence before coming up with their final conclusion.

P9.8-M suit starts wave of civil cases vs Sulpicio

MANILA, Philippines – A P9.8-million civil suit was lodged Thursday against Sulpicio Lines Inc. for the MV Princess of the Stars tragedy, even as government lawyers said more suits are to come.

Radio dzRH reported Thursday afternoon that relatives of Jonathan Calayag lodged the case before the Manila regional trial court with the help of the Public Attorney’s Office.

“Tuloy-tuloy na yan, marami pa rin naghahanda ng papeles para makapagsampa ng kasong civil (This is just the first of many cases. Many families are preparing documents for civil suits against Sulpicio),” PAO head Persida Acosta said.

Acosta said between “200 to 300″ families had sought her assistance to lodge civil suits, some of the relatives of overseas Filipino workers.

She said she keeps in touch with the OFW relatives via the Internet.

“Bukas may apat na pamilya magsasampa (At least four more families will lodge their civil complaints on Friday),” Acosta said.

Calayag’s relatives scored Sulpicio for negligence, saying the ill-fated vessel left port despite Signal 3 up over Romblon province.

The complaint added that the MV Princess of the Stars was the only vessel that did not seek shelter from typhoon “Frank.”

On the other hand, Acosta said that even if Calayag’s kin received P200,000 from Sulpicio, it should not stop them from filing the civil complaint.

After the filing, relatives of the victims and members of anti-crime groups went to the Baywalk along Roxas Boulevard for a mass. - GMANews.TV

BMI closes ‘Princess’ tragedy probe; findings out next week

MANILA, Philippines – The Board of Marine Inquiry (BMI) on Thursday closed its investigation into the capsizing of MV Princess of the Stars off Sibuyan Island last June 21.

At the end of Thursday’s hearing, BMI chair Rear Admiral Ramon Liwag said the Board is terminating its investigation into the incident, saying the group has gathered enough information to generate its report on the incident.

“We have gathered enough testimonies, documents, resource persons that would help us shed light in the capsizing of Princess of the Stars,” Liwag said.

Liwag said the BMI will submit its report to the Philippine Coast Guard commandant next week. The Coast Guard commandant will then forward the BMI’s report to the Department of Transportation and Communications.

The BMI started its investigation last June 25, four days after the tragedy struck. The probe focused on three main points: whether the craft was seaworthy when it left port; the qualifications of its crew; and the weather conditions at the time the ship left port.

The investigation aims to determine the circumstances that led to the tragedy; who should be held responsible; and what policies must be changed to prevent a repeat of the mishap.

During Thursday’s hearing, a maritime expert said the master of the MV Princess of the Stars may have erred in deciding to push through the vessel’s pre-plotted course which led to the ship’s capsizing at the height of typhoon “Frank.”

Maritime expert Capt. Edwin Itagle admitted that if faced with the same situation, he personally would decide not to push through with the trip and just return back to Manila.

“In principle, no… I might return back to Manila,” Itagle said when asked by BMI chair Rear Admiral Ramon Liwag whether or not he would continue with the pre-plotted course which runs parallel to the typhoon.

Itagle also said the ill-fated vessel’s design is not capable of withstanding a strong typhoon such as typhoon “Frank.”

For his part, a Coast Guard official who likewise testified in the hearing said authorities failed to see any dents or marks of damages such as scratches on the ship’s hull and propeller that would have indicated that the ship ran aground before capsizing.

“We have not seen any dent or damage from the ship as a result of running aground. The ship’s propeller is still intact,” Coast Guard commander Inocencio Rosario said.

Rosario was the team leader of the first team of divers that surveyed the ship shortly after it capsized.

Hundreds of passengers were killed when the ship – owned by Sulpicio Lines, Inc. – capsized off Sibuyan Island.

Only more than 50 passengers and crewmembers – out of the ship’s 866 passengers and crew – were able to survive the sea tragedy. Hundreds remain missing and are believed to be trapped inside the ferry which has yet to be salvaged. - GMANews.TV

‘Princess’ should have returned to Manila, maritime expert says

MANILA, Philippines – A maritime expert on Thursday said the master of the MV Princess of the Stars may have erred in deciding to push through the vessel’s pre-plotted course which led to the ship’s capsizing off Sibuyan Island at the height of typhoon “Frank” last June 21.

During the resumption of the Board of Marine Inquiry (BMI) hearing into the sea tragedy, maritime expert Capt. Edwin Itagle admitted that if faced with the same situation, he personally would decide not to push through with the trip and just return back to Manila.

“In principle, no… I might return back to Manila,” Itagle said when asked by BMI chair Rear Admiral Ramon Liwag whether or not he would continue with the pre-plotted course which runs parallel to the typhoon.

Itagle also said the ill-fated vessel’s design is not capable of withstanding a strong typhoon such as typhoon “Frank.” - GMANews.TV

Sulpicio Lines lays off 136 workers in Cebu – report

MANILA, Philippines - Nearly a month after government suspended its operations over the capsizing of the MV Princess of the Stars, Sulpicio Lines Inc. has laid off 136 of its workers in Cebu.

DZBB Cebu reported Thursday that the management blamed the suspension for the layoffs, citing losses of some P1 million a day.

The report said Sulpicio management voiced fears that the longer the suspension stays, more of its 10,000 employees may end up jobless.

Local labor groups in Cebu joined the clamor for the Maritime Industry Authority (Marina) to lift the suspension on Sulpicio’s operations.

The shipping line’s operations were suspended last June immediately after the Princess of the Stars tragedy.

The DZBB report said the groups are planning protests in Cebu to “force” Marina to lift the suspension. - GMANews.TV

UN team to advise on salvage of toxic Philippine ferry cargo

UN experts are expected in the Philippines later Friday to advise the authorities on the salvage of a capsized ferry laden with toxic chemicals to avoid an ecological disaster, officials said.

They will be based on the central island of Sibuyan, near where the 24,000-ton Princess of the Stars with hundreds of people and 10 tonnes of endosulfan pesticide aboard sank during Typhoon Fengshen three weeks ago.

The shipping disaster claimed nearly 800 lives.

The ferry operators and the government abandoned efforts earlier this month to drill a hole through the vessel to extract corpses and containers that hold the chemicals due to the health threat it posed to divers.

The experts are being deployed jointly by the UN and the European Union at the request of Philippine authorities “to assess the situation,” according to a joint statement by the UN Environmental Programme and the Monitoring and Information Centre of the European Commission.

The three-member team — a marine chemist, an eco-toxicologist and a civil protection expert — would spend a week in the Philippines to assess the situation and determine priority needs, it added.

“We must ensure that the human tragedy of this ferry collapse is not compounded by the leakage of these pesticides,” said Stavros Dimas, commissioner for the EU’s Environment and Civil Protection.

“If not handled properly, this could be a disaster upon a disaster,” added Vladimir Sakharov, head of a joint UNEP and UN Office for the Coordination of Humanitarian Affairs environment unit.

“Leakage of the ferry’s toxic cargo would cause major ecological damage and thereby have a terrible impact on the livelihoods of people living in the region,” Sakharov added.

Philippine ferry disaster investigators quit over ‘bias’

Two members of a Philippine panel investigating a ferry disaster which cost about 800 lives quit Tuesday after the ship’s operator accused them of bias.

Rear Admiral Benjamin Mata and Commodore Amado Romillo of the Philippine Coast Guard said they were stepping down to “preserve the integrity” of the board of marine inquiry.

The Princess of the Stars sank after sailing into Typhoon Fengshen on June 21 off the central coast. Of more than 850 people on board, less than 60 survived.

“I have resigned to preserve the integrity of the inquiry,” Mata told reporters, adding there “have been accusations that I have been impartial and (have) pre-judged the case.”

Ferry operator Sulpicio Lines had called on the two to withdraw from the probe, saying their line of questioning showed they were biased against the firm. The new development could lead to further delays in the inquiry.

More than 700 bodies are believed to remain trapped inside the upturned ferry more than two weeks after the tragedy. Divers abandoned their recovery bid after a cargo of toxic pesticide was discovered inside the hull.

Officials have decided to refloat the vessel instead, but no time frame has been given as to when the operation will be carried out.

Angry and grieving relatives of those who perished meanwhile have accused Sulpicio Lines of ignoring their plight and say they are planning to file a class action suit.

Joseph Solante, 47, whose son, Terry Joseph, was among those aboard the ferry said the owners “were playing with our emotions” and refusing to extend help.

“A representative from Sulpicio Lines had called me to tell me my son has been found alive, only to call back hours later to tell me their information was wrong,” Solante told AFP.

“My wife is inconsolable. She has had little sleep since the accident.”

Solante said he will join the lawsuit against Sulpicio being mulled by the relatives of those who perished.

“Sulpicio should be made to pay,” he said.

Sulpicio ferries have figured in some of the Philippines’ major sea disasters, including the 1987 collision between its Dona Paz vessel and a small oil tanker.

More than 4,000 were killed in the mishap, but the company was absolved of any criminal liability.

Coast Guard: Legal row won’t stall BMI probe

MANILA, Philippines – Sulpicio Lines’ petition seeking to stop an ongoing Board of Marine Inquiry (BMI) investigation into the MV Princess of the Stars tragedy will not stop the Board from doing its work, the Philippine Coast Guard (PCG) said on Tuesday.

Radio dzBB’s Sam Nielsen reported that PCG commandant Vice Admiral Wilfredo Tamayo said the Board will not be distracted by the legal row, and remains focused on finishing its probe within the 15-day deadline given last week by President Gloria Macapagal Arroyo.

Tamayo said they may just have to find replacements for Captains Benjamin Mata and Amado Romillo, who voluntarily inhibited themselves from the Board, leaving the BMI with only five members.

He said the Board will meet Wednesday to deliberate on their next move.

Tamayo also disputed Sulpicio’s attempt to stop the Board’s investigation, saying the maritime law gives the BMI the mandate to conduct such an investigation.

He added the Maritime Industry Authority is not the only body that has jurisdiction over the incident, as argued by Sulpicio Lines.

In a 14-page petition it filed on Monday, Sulpicio Lines asked the Manila court to issue a temporary restraining order against the BMI investigators, saying the Maritime Industry Authority (Marina) – and not the BMI – has authority to carry out investigations involving ship owners and operators.

And since it has no jurisdiction to undertake the investigation, the ongoing BMI probe is “irregular, illegal, and null and void, Sulpicio Lines said.

In the petition, the shipping firm also demanded the BMI to pay P650,000 in damages, saying the ongoing probe was nothing but an “inquisition meant to put the name of Sulpicio in shame.” - GMANews.TV

EU to send mission after Philippines ferry disaster

The European Union is to send a mission of experts to investigate toxic chemicals on board a Philippine ferry which sank carrying more than 850 people, French officials said Friday.

Interior Minister Michele Alliot-Marie decided after discussions with the foreign and European affairs ministries that an EU “mission of expertise and support” should be sent immediately, a statement said. France currently holds the presidency of the European Union.

The Princess of the Stars remains stricken off the central Philippines after sinking in a typhoon on June 21. The upturned wreckage is thought to contain hundreds of dead bodies along with an illegal consignment of toxic pesticides.

While tests showed waters have not been contaminated with the endosulfan pesticide, there was concern containers could corrode allowing the chemical to leach and contaminate the area.

Officials in the Philippines said this week that the ferry would be refloated, ditching a bid to use divers to retrieve the bodies and chemicals.

“The potential danger to marine life is a major factor in the decision” to refloat the vessel, a coast guard biologist, who asked not to be named, told AFP.

The EU mission would include experts on sea pollution and chemical risks, the French statement said.

Negligence killed hundreds in past sea mishaps – BMI

MANILA, Philippines - As relatives of the victims of the MV Princess of the Stars tragedy continue to wait for news about their loved ones, the Board of Marine Inquiry has started its own search, not for survivors or bodies, but for those who must be held responsible for the disaster.

BMI findings in past investigations show that more than half of past sea mishaps were due to negligence. From 1980 to 2006, 13 sea mishaps involved negligence on the part of the owner, operator, officers and/or crew of the vessels. At least 481 people lost their lives in these tragedies (see table).

Vessel	Nature of mishap	Date	Killed
FB Toroshita	sinking	28-Mar-91	5
M/V Emerald I	sinking	17-Jul-91	3
M/V Viva Antipolo VII	burning/ sinking	16-May-95	62
M/V Kimelody Cristy	burning	13-Dec-95	17
ML Gretchen I	grounding	18-Feb-96	51
M/V Kalibo Star	sinking	15-Aug-97	12
F/B King Roger	capsizing	15-Aug-97	7
M/V Princess of the Orient	sinking	18-Sep-98	70
M/V Asia South Korea	sinking	23-Dec-99	58
M/L Annahada	sinking	12-Apr-00	138
M/V ACX Lilac vs. Barge Cargolift III	collision	2-Sep-00	-
M/V Maria Carmela	burning	11-Apr-02	39
M/B Nilode-A	capsizing/ sinking	11-May-02	19
TOTAL			481
Source: Board of Marine Inquiry

Meanwhile, “force majeure,” or forces beyond the vessel’s control, was blamed in one case – the sinking of the MV Doña Marilyn.

The ship sailed in 1988 and met rough waters as Typhoon Unsang hit the country. At least 77 people were reported killed when the vessel sank.

The BMI also found other causes of past sea tragedies.

In the 1987 collision of the MV Doña Paz and the oil tanker MT Vector, the BMI found the tanker solely at fault.

In another collision, the BMI found the MV Kota Suria at fault after its crashed with the MV Cebu City in 1994. The accident killed 73 people.

The sinking of the MT Solar I in 2006 caused the disastrous oil spill in Guimaras province. The BMI said it was “due to several factors,” including the vessel master’s “incompetence.”

In another case, the BMI recommended the revocation of the licenses of the master and chief mate of the MV San Nicolas a month after the vessel collided with MV Super Ferry 12. The BMI also recommended the filing of appropriate criminal and civil charges against the same people. The master of the Super Ferry got off with only a recommendation for a “strong reprimand.” The mishap involving the two vessels killed 43 people.

In the burning of the MV Super Ferry 14 in 2004 and the MV Doña Ramona in 2005, the BMI said explosives were involved.

While the BMI found who or what to blame in some of these tragedies, the Board has no power to pursue cases and punish those responsible.

The BMI is a quasi-judicial body that investigates sea mishaps and submits its findings and recommendations to the Department of Transportation and Communication.

The DOTC evaluates and takes the report to the Department of Justice for evaluation and possible filing of charges.

Rear Admiral Benjamin Mata, BMI vice chairman, said: “We need to form a truly independent BMI with powers to pursue its recommendations.”

He said the government must be able to show that “those found at fault are indeed punished.” - GMA News Research