CEBU - The ill-fated MV Asia South Korea strayed off course before it sank early morning of Dec. 23 off Bantayan island.
This surfaced during the initial hearing of the special board of marine inquiry headed by Coast Guard deputy district commander Godofredo Mandal into the sea tragedy that claimed at least 52 lives.
As this developed, Coast Guard officials are optimistic they have a strong case against the officers and crew of the sunken ship as well as its owner, Trans Asia Shipping Lines.
The Office of the Ombudsman-Visayas also expanded its own probe of the incident, this time to look into the liability of the Cebu Port Authority.
During the hearing, a map saved from the sunken ship was submitted as evidence to establish that it was following a pre-plotted course to Iloilo City, its destination, when it sank.
Asia South Korea skipper Porferio Labagday Sr. and chief mate Saturnino Flores maintained that the vessel was on course, pointing out it was impossible for the vessel to have run aground or hit a reef before it sank.
Based on the plotting of Labagday and Flores, the Asia South Korea was 2.8 nautical miles from a reef near the area where the vessel later sank.
But a plotting presented by Coast Guard divers at the scene of the sinking indicated that the vessel was only 2.3 nautical miles away.
The position of the vessel when it sank indicated it had gone off course, struck a reef and then sank.
Labagday said he did not know what caused the ship to sink when asked by members of the inquiry board. He also denied reports he was asleep shortly before the vessel sank.
Labagday claimed he was at the bridge of the vessel before it sank, recalling he heard two loud thuds but believed they were huge waves hitting the vessel's stern.
He said the vessel followed its pre-plotted course to Iloilo since it left the Mandaue City port.
Labagday admitted, though, that the departure of the vessel was delayed when the boarding team of the Coast Guard asked the Cebu Port Authority to withhold its departure clearance because of 81 excess passengers.
Flores said the vessel was later cleared to sail when the problem of the excess passengers was eventually solved. He said a check of the cargoes indicated these were properly lashed, contradicting earlier accusations these were improperly stowed, contributing to the mishap.
"I don't believe the cargoes had shifted, causing the vessel to sink because they were properly secured," Flores said.
Both Labagday and Flores insisted there was nothing unusual before the vessel sank.
But chief engineer Jose Gocotano contradicted them, saying that past midnight of Dec. 22, he was informed that the reduction gear of the main engine was not functioning properly.
This may have been due to mud, prevalent at the Ouano wharf, which clogged up the cooling system of the engine.
Gocotano claimed that Labagday was informed about this by the second mate.
The vessel slowed down afterward to allow the engine room crew to clean up the cooling system. However, the ship again resumed its cruising speed of 14 knots when the problem was solved.
Trans Asia is represented in the inquiry by lawyer Arthur Lim, national president of the Integrated Bar of the Philippines, who also represented Sulpicio Lines in similar inquiries, including that of the sinking of the Princess of the Orient.
Strong case
Coast Guard station commander Franklin Llanto said his office has a strong case against Labagday and Flores with the sworn statements of 10 survivors who attested to possible negligence of the ship's crew prior to the sinking.
Llanto said the affidavits of survivors will be forwarded to the Mandaue City prosecutor's office as supplementary evidence in the cases of multiple homicide and physical injuries through reckless imprudence filed against Labagday and Flores.
However, investigating prosecutor Felixberto Geromo told radio station dyAB that he will come up with a resolution stressing that the office has no jurisdiction in resolving the case against the crew of the ship.
Geromo earlier expressed fear that the case would be dismissed for lack of sufficient evidence presented by the Coast Guard.