CEBU, Philippines - Just like the Philippine Span Asia Carrier Corp. (PSACC), 2GO Group Inc. does not intend to pay the Cordova for damage the town suffered when the ships of the two companies collided in Lawis Ledge last year.
As owner of MV St. Thomas Aquinas (STA), 2GO even expressed disappointment that it is being asked to pay.
In its Feb. 28 letter to Cordova Mayor Adelino Sitoy, 2GO said it should be PSACC that must pay for the damage as its ship, MV Sulpicio Express Siete (SE 7), was the one that caused the Aug. 16 collision that resulted in an oil spill that destroyed Cordova's mangroves.
“It is our client's respectful request that all claims should be directed to the owners of SE 7 who to date, unlike our client, have not incurred any costs in preventing and/or dealing with any environmental effects of the collision,†stated 2GO's legal counsel, Del Rosario and Del Rosario law office, in a statement.
Last month, Sitoy forwarded a letter to both shipping companies and to the management of Pioneer Insurance and Surety Corporation, demanding that Cordova be paid P126 million within 30 days, otherwise the town would pursue legal action.
PSACC has earlier disowned responsibility for the oil spill in Cordova and also refused to pay the amount.
Through its lawyers, 2GO said it has been active and responsible and has even spent much in dealing with the effects of accident, so that it was “naturally disappointed†that they are being demanded to pay.
“The sinking of STA was a matter entirely beyond our client's control and has resulted in our client suffering substantial financial losses due to SE 7's negligence. These losses not only include the loss of STA herself but the considerable expenses incurred by our client in responding to the effects of the collision,†the letter further stated.
It added that while 2GO shouldered the entire financial and other burdens in the aftermath of the collision, PSACC has not taken any action to remediate the problem.
The shipping company then enumerated the actions that it took, including the contracting of Malayan Towage and Salvage Corporation and Nippon Salvage Ltd. to remove the fuel oil from the sunken STA.
“As you will no doubt be aware, under the law, the owners of SE 7 are fully responsible for all consequential damages that may arise as a result of the collision,†2GO added.
Cordova's claim is broken down according to the affected sectors of the fisherfolk (P78.6 million), vendors (P1.38 million), livelihood (P5.1 million), and mangrove forests (P41.7 million).
In an Oct. 1 letter, Department of Environment and Natural Resources-7 Executive Regional Director Isabelo Montejo had also directed PSACC to pay P41.7 million for oil spill damage in all 328 hectares of newly planted and 115 hectares of productive mangrove plantations in Cordova.
The town used the figure in demanding from both 2GO and PSACC the cost for damage on its mangrove. — (FREEMAN)