Cordova sues shipping firms

CEBU, Philippines - The municipality of Cordova and fisherfolk organization Pundok sa mga Mananagat sa Cordova, Inc. sought the court’s intervention yesterday after 2GO Group Inc. and the Philippine Span Asia Carrier Corporation (PSACC) did not heed their claim for environmental damage payment.

Representing the local government and his constituents, Mayor Adelino Sitoy lodged an environmental complaint before the Regional Trial Court in Mandaue City against the two shipping companies for aquatic pollution; cleanup, rehabilitation and restoration of the mangrove and coastal ecosystem of Cordova.

An oil spill resulted after the collision of 2GO’s MV St. Thomas Aquinas and PSACC’s cargo ship MV Sulpicio Express Siete off Lawis Ledge, Talisay City August 16 last year, damaging Cordova’s coastlines, including several hectares of mangrove areas.

“Due to the oil spill from MV St. Thomas Aquinas of 2GO, our marine ecosystem has been severely damaged by the oil, depriving our fisher folks and vendors of their usual means of livelihood, hence the municipality has to give financial assistance to the fisherfolks and to the first vendors even until now,” Sitoy said.

“The oil spills hit mostly our fishing grounds and has incapacitated our fisher folks…as well as ripple our day-to-day trading of marine products wherein a good number of my consti-tuents depend for their daily meals,” he added.

Aside from the shipping companies, the petitioners included in the case the Department of Environment and Natural Resour-ces, Maritime Industry Authority, and the Philippine Coast Guard.

Sitoy and lawyer Benjamin Cabrido, who assisted the fisher folks, told the media that the government agencies were included in the case to compel them to take action based on their respective mandates and to devise a comprehensive program for the complete rehabilitation of Cordova’s marine ecosystem.

Cabrido said the petitioners are asking for the issuance of a temporary environmental protection order and/or writ of continuing mandamus, and for the court to direct the release of protection and indemnity insurance of both shipping companies.

According to the petition, 2GO and PSACC should immediately deposit US$3 million (P131 million) before the court as special fund to cover future expenses for the clean-up, protection, restoration, and rehabilitation of the marine areas of Cordova.

A commission composed of DENR, MARINA, PCG was also requested to formulate an action plan aimed to prevent further degradation of the marine environment of Cordova, such as tracking of the volume of what is left of stored oil inside the sunken MV St. Thomas Aquinas.

Sitoy also requested the immediate creation of an adequate nursery for mangrove propagules for replanting, submission of a preliminary report on the extent of damage caused by the oil spill, and other studies to assist the court in resolving the issue on how to proceed with the complete rehabilitation of the affected marine areas.

Furthermore, the petitioners asked the court to order PCG to submit within five days a report determining the volume of bunker fuel and oil left inside the sunken ship that may still pose “imminent threat” to Cordova and its neighboring areas.

“We wanted the coast guard to dive again (to where MV St. Thomas Aquinas is resting at the bottom of the sea) to determine if there is still oil, because oil spill may recur,” Cabrido said.

Yolando Escabas, 73, head of the United Fisherfolks of Camolinas, one of 15 associations under Pundok sa mga Mananagat sa Cordova, Inc., said the oil spill made it very difficult for them to proceed with their livelihood.

He said the two shipping companies must be held equally liable.

Several months back, Cordova sent a demand letter to 2GO and PSACC to compensate the fisherfolks (P78.6 million); 13 barangays and vendors (P5.1 million) and livelihood projects (P1.4 million).

DENR has also sent a demand letter for compensation amounting to P5.9 million for the planting of new mangroves in Cordova covering 328 hectares, which were damaged by the oil spill, and P35.8 million for the 115 hectares of damaged productive mangroves or naturally grown mangroves in Cordova.

The case will be handled by environmental court Regional Trial Court Mercedita Dadole-Ygnacio of Branch 28.

The FREEMAN sought both PCG and DENR for their comments but their officials declined.

Commander Weniel Azcuna, Philippine Coast Guard Central Visayas District chief of staff and spokesperson, said they were not aware that a case has been filed and cannot comment yet on the issue, particularly that they have not received a copy of the complaint.

He said he knew about Sitoy’s damage claim and would be “supporting the concerned LGU.”

DENR likewise reserved its comment until it receives a copy of the complaint.

 “We’ll make our comments on the case against DENR in appropriate time or as soon as we get hold of the order by the court,” DENR-7 statement read, but declared in a statement that it has always supported Cordova’s effort.

“It has been our stand to provide the necessary support and assistance on the case filed by Cordova Mayor Adelino Sitoy against these shipping companies over damaged mangrove plantations as a result of the oil spill. In fact, DENR-7 made a demand of 41.7 million pesos to these two shipping companies. We can help him strengthen his case with our mangrove assessment,” it said.

“We even sent a demand recently to 2GO to furnish a copy of the sadaba report or else we will use the computation of 41.7 million pesos as damage compensation,” it added. — /RHM  (FREEMAN)