MV June Aster captain faces falsification charge over manifest entries
MANILA, Philippines — The Philippine Coast Guard has filed a criminal complaint against the captain of the fire-hit MV June Aster over alleged discrepancies in a safety document and the vessel's passenger manifest.
PCG spokesperson Commodore Noemie Cayabyab said a complaint for falsification of a public document was filed against Capt. Roel Sarmiento before the Department of Justice's National Prosecution Service.
The complaint involves the Master Declaration of Safe Departure, or MDSD, a sworn document submitted by the vessel's captain certifying its safety and readiness to sail.
Cayabyab said investigators found discrepancies between the MDSD and the number of people who actually boarded the vessel.
"During this incident, may anim tayong pasahero na initially na nasa ticket manifest na hindi po nakasakay sa barko. So yan po yung mga tinitingnan po natin," Cayabyab said in an interview with Super Radyo dzBB on Monday, September 28.
("During this incident, we had six passengers who were initially listed on the ticket manifest but did not board the ship. Those are among the things we are looking into.")
The PCG also found a duplicate entry for one passenger and an entry for a crew member who did not actually board the vessel.
"Pangalawa during the investigation may mga nakita rin po tayong double entry ng pangalan ng isang pasahero, at ang isa po doon ay may nakalista po na pangalan ng crew at hindi po aktwal na sumakay," Cayabyab said.
("Second, during the investigation, we also found a duplicate entry for one passenger's name, while another entry listed a crew member who did not actually board the ship.")
Under Article 172 of the Revised Penal Code, as amended by Republic Act 10951, falsification by a private individual involving a public or official document carries a penalty of prision correccional in its medium and maximum periods, or two years, four months and one day to six years, and a fine of up to P1 million.
More complaints possible
Cayabyab said the falsification complaint is only the first of possible criminal complaints arising from the investigation.
"We are now on our case build-up and we are still awaiting the forensic result," she said.
The DOJ is conducting an initial evaluation of the complaint. If prosecutors find sufficient basis, it may be docketed for preliminary investigation.
The MV June Aster caught fire off Coron, Palawan, on September 9. Authorities have confirmed 77 deaths, with 71 of the fatalities still unidentified, while eight people remain missing. Another 43 survived.
The PCG said it is still awaiting forensic findings from the Bureau of Fire Protection as it investigates the cause of the fire.
The Maritime Industry Authority is conducting a separate investigation. MARINA Region IV Director Maximo Bañares Jr. earlier said improperly stowed flammable cargo may have caused the blaze, although the agency had yet to release its final report.
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