Guimaras: Lessons learned but justice remains elusive

August 12th, 2007 by Site Administrator

THE GUIMARAS oil spill has driven home one powerful lesson: The need to be prepared before calamity strikes.One year after it happened, the effects of the spill are still very much in evidence.

Dr. Rex Sadaba, a mangrove expert and head of the University of the Philippines in the Visayas (UPV) Oil Spill Response Program, said at least 442 mature mangrove trees had died at the 1,143-hectare Taklong Island National Marine Reserve in Barangay Lapaz in Nueva Valencia.

Another 200 mangrove trees covering 400 square meters in Sitio Lusaran have also died. Contaminated trees that have survived are experiencing defoliation.

“This is indicative that mangroves are still undergoing stress from the bunker fuel that coated the trees and blocked their breathing pores,” said Sadaba.

UPV is spearheading a long-term monitoring and research program to determine the impact of the oil contamination on environment, aquaculture, fisheries and social health.

Sadaba said much of the research and monitoring had not started because of a delay in the availability of a P50-million fund intended for the program.

Project on hold

The delay has also put on hold rehabilitation projects and alternative livelihood programs.

The Department of Budget and Management has released only around P200 million of the total P863 million intended for the rehabilitation of affected areas.

Congress last year allotted the fund after President Macapagal-Arroyo declared a state of national calamity following the spill.

Presidential Assistant for Western Visayas Rafael Coscolluela, head of the regional Task Force Solar I Oil Spill, has asked Ms Arroyo to issue an administrative order streamlining the procedures and requirements for the release of the remaining funds.

With no funds for the government’s rehabilitation projects, the affected residents have to make do with programs initiated by nongovernment organizations and private groups.

Barangay Tando is a recipient of a livelihood and rehabilitation project from the Canada Fund for Local Initiatives, which aims to help residents cope with the long-term effects of the spill.

Petron donation

Petron Corp. donated a four-room elementary school building in the village.

Petron Foundation executive director Malou Erni said they had provided around P20 million worth of livelihood projects and grants to Guimaras. They also plan to put up an Internet system worth P3.6 million for the province’s 17 public high schools.

Justice and accountability

But while they welcome any assistance for those affected, environmental and nongovernment organizations say Petron and the owners of the sunken tanker should be held accountable for destroying the livelihood of thousands of residents and damaging the island’s rich marine resource, including 220 km of coastline, 454 ha of mangroves and 58 ha of seaweed plantations.

Justice also remains elusive for Victor Morados and Art Ian Nabua, crewmembers of Solar I, who remain missing and are presumed dead.

“Despite the government’s pronouncements of sparing no one in making those responsible for the oil spill accountable, we have not heard anyone being charged, tried and jailed for this man-made disaster,” says Ma. Geobelyn Lopez, coordinator of Save Our Lives, SOS! Panay and Guimaras, a group composed of NGOs, scientists and environmentalists.

Guimaras officials last year filed criminal charges against officials of Petron and Sunshine Maritime Development Corp., which owned the Solar I, for violating environmental laws. But the complaint and the subsequent appeal were dismissed by the Guimaras provincial prosecutor’s office for lack of evidence.

Not liable

Provincial prosecutor Luzermindo Calmorin said Petron and SDMC officials could not be held liable for violating the Clean Water Act of 2004, the Clean Air Act of 1999 and the Ecological Solid Waste Management Act of 2000 because the sinking of the tanker and the oil spill were unintentional acts.

The Department of Justice last March filed criminal charges against the tanker’s owners but the charges against SDMC officials were for violating the Anti-Dummy Law.

The respondents were charged after a DOJ panel found that Japanese officials had been illegally occupying key positions in the corporation. The Japanese incorporators also largely controlled the company and were intervening in its management, operation, administration and control, according to the DOJ.

Not aware

Justice Undersecretary Fidel Esconde, a member of the DOJ panel, said the panel was waiting for the petitioners in the criminal charges filed in Guimaras to appeal the resolution before the DOJ. He said charges could still be filed against those considered responsible for the spill, including officials of Petron Corp.

But Coscolluela said he was not aware that charges against SDMC officials were filed. He said Task Force SOS would also like to know what happened to the findings of the Special Board of Marine Inquiry (SBMI) that were submitted to the DOJ.

The SBMI held Petron Corp. liable for overloading, which contributed to the sinking of tanker. The oil firm has denied the allegation.

It also found SDMC administratively liable for disregarding maritime regulations, policies and requirements for the seaworthiness of the vessel.

It also found the vessel’s captain, Norberto Aguro, administratively liable for lacking training and qualifications to handle oil tankers.

Former Guimaras governor-now-Rep. JC Rahman Nava said his group was still studying its options on how to pursue the complaint that was dismissed by the provincial prosecutor.

A year after the disaster, major reforms in the country’s capacity to respond to similar calamities had not been institutionalized .

Officials said the oil spill was a learning experience for everyone involved, especially government agencies dealing with disasters.

Coscolluela said the spill highlighted the need to institute major reforms, including legislation to effectively respond to similar incidents in the future. (Nestor P. Burgos Jr. Philippine Daily Inquirer, August 12, 2007)