A class suit is also being eyed against the shipowner, says Cavite Governor Jonvic Remulla
MANILA, Philippines – Cavite Governor Jonvic Remulla met with representatives of the owners of MT Terranova to push for compensation amounting to P350 per day for fisherfolk and vendors whose livelihood have been affected by the sinking of the tanker.
The amount of P350 is based on the average daily wage of a fisherman, Remulla said on Tuesday, August 6 after meeting with representatives of Portavaga Ship Management Incorporated and the International Oil Pollution Compensation Funds (IOPC) on how affected fisherfolk and vendors can claim compensation.
The IOPC is the international body that assists member-countries affected by oil spills. It also provides compensation for oil pollution damage caused by oil spills. The compensation regime is based on the 1992 Civil Liability Convention and the 1992 Fund Convention, as well as the Supplementary Fund Protocol. The Philippines is a signatory to only the first two conventions, not the supplementary fund.
Remulla said the duration for computing the compensation will depend on how long public confidence is restored in fishermen’s produce or until people start buying fish again. If it lasts for a month, this would translate to P10,850,000 daily or more than P300 million per month.
“It’s the confidence level has to be returned and that’s the most important part. Even if we get a clearance from BFAR (Bureau of Fisheries and Aquatic Resources) and people are still hesitant [to buy fish], then the damage is still ongoing,” he said.
Remulla said the insurance company’s representatives seemed “to be very reasonable” and was agreeable to the P350 figure that the local government presented.
Around 31,000 fisherfolk and vendors in Cavite province could qualify for the P350 daily compensation.
The Cavite governor said they hope locals will start to receive compensation within three months.
Going by what happened in the sinking of MT Princess Empress, however, it could take many months before those affected can receive their money. In Oriental Mindoro, it took more than a year after the maritime disaster before fisherfolk and vendors got full compensation. Representatives of the insurance companies and the IOPC had to go through a lengthy process of meeting with the affected fisherfolk and other sectors affected, checking and computing their claims.
Remulla also said the provincial government is eyeing a class suit against the shipowner.
“Kung mayroon pananagutan na kriminal sa nangyari sa Terranova ay mananagot sila,” he said. “Hindi ako tumanggap ng bisita ngayon para makipag-areglo, pero para ayusin lamang ang insurance nila.”
(If there is criminal liability in what happened to Terranova, they should be held responsible. I didn’t meet them today to settle, but only to arrange the insurance.)
Cavite has already declared a state of calamity in coastal areas and a no-catch zone for all shellfish after the oil spill in Bataan reached their shores.
MT Terranova, carrying 1.4 million liters of industrial fuel oil, capsized and submerged off Limay, Bataan on July 25. Prior to that, the tanker had been sailing in Bataan waters for more than 20 hours, according to the Department of Justice. It started listing on July 24 as it was being towed by tugboat MTug Procyon.
The Cavite governor’s brother, Justice Secretary Jesus Crispin “Boying” Remulla said last Saturday that MT Terranova may have engaged in oil smuggling with two other vessels, MTKR Jason Bradley and MV Mirola 1. The former also sank while the latter ran aground also in Bataan.
Leonelle Mojal-Infante, spokesperson of shipowner Portavaga Ship Management Incorporated, denied the justice secretary’s allegation.
“The company of MT Terranova categorically denies the allegation of smuggling,” she said in an interview with ABS-CBN News on Monday.
Mojal-Infante explained that MT Terranova could not have been engaged in the “paihi” system or oil smuggling because the seals of the tanker can only be opened in its delivery destination.
“Nabubuksan lang ‘yan ng kung saan ‘yan i-de-deliver. So ang magbubukas lang niyan ‘yung pag-de-deliveran mo. So it is not possible na ‘yung mga lumalabas na kesyo nagpaihi or something, hindi siya possible sa barko namin.”
(It could only be opened where it will be delivered. It can only be opened by the receiver. So it’s not possible, the allegations that came out about oil smuggling or something, that’s not possible in our ship.)
Mojal-Infante also said they have all the proper permits from the Maritime Industry Authority, the Philippine Ports Authority, and the Coast Guard.
“We only deal with reputable oil companies in the Philippines and lahat po ‘yun ay under a legitimate contract,” she said. (We only deal with reputable oil companies in the Philippines and all of those are under a legitimate contract.) – Rappler.com
