Senators urge speedy payment of damages to boat ramming victims

At least three senators on Thursday urged the immediate payment of damages to the victims of the boat ramming incident in the waters near Agno, Pangasinan on October 2.

The lawmakers made the appeal during the Senate special committee on Maritime and Admiralty Zones' motu proprio investigation into the matter after they found out that the authorities have yet to decide on the filing of criminal cases against the other party.

On October 2, the FB Dearyn was rammed by a foreign vessel in the waters off Scarborough Shoal. The boat's 47-year-old captain and two crew members, aged 38 and 62, were killed. The foreign vessel, identified as the MT Pacific Anna, was sailing under the flag of the Marshall Islands.

Pangasinan Police Director Colonel Jeff Fanged told the Senate hearing they have gathered the affidavits of the surviving crew but have yet to coordinate with the Department of Justice (DOJ) for the filing of possible criminal cases.

DOJ State Counsel Fretti Ganchoon said they are still waiting for the full investigation of the Philippine Coast Guard (PCG).

“We haven’t seen yet the affidavits mentioned by our PNP, but we don’t want to state that cases will definitely be filed because we want to study it, Mr. Chair,” Ganchoon said.

At this point, Senator Francis Tolentino, chairman of the panel, pointed out that the victims need immediate help, especially the families of the three fatalities.

“Mas maganda siguro mabigyan ng hustisya itong mga namatayan without waiting, for instance, the reply coming from Singapore or from the flag state. Eh dito may namatay e,” Tolentino said.

(It would surely be better to deliver justice to the bereaved families without waiting, for instance, the reply coming from Singapore or from the flag state. They died here.)

“Ito may bata pang kasama…’yung byuda ng isang namatay. Baka Grade 3 na itong anak nitong kapitan, hindi pa tapos itong kaso… Paano po natin mabibigyan ng hustisya itong 11 na surivors…ano ang malalapat nating hustisya? So intayin natin yung mga imbestigasyon ng ibang bansa muna, ganoon po ba?” he asked.

(The widow is here with her child. If we wait for the case, that might take years. So how can we give these 11 survivors justice. Are we going to wait for the investigation of the other countries?)

He suggested that the Pangasinan provincial police office director and the state counsel to coordinate immediately for the possible filing of necessary charges.

Ganchoon said the DOJ can support the victims and the survivors in taking other remedies such as claiming damages from the other party.

“We need to comply with the provision of UNCLOS [UN Convention on the Law of the Seas] with respect to flag state jurisdiction on crimes committed by the master of the vessel, but we can have other remedies, of course,” Ganchoon said.

“It can be payment of damages and I know that the oil tanker will have its own insurance that can pay for this so we just need to support any claims for the damages,” she added.

Ganchoon also said the victims can file claims for the incurred loss of income as the fishermen, who were at that time aboard eight service boats, said they had to throw out their catch when the incident happened.

“One service boat can catch 60 kilos of fish but all those [fish], they threw it away so [they can file claims] for loss of income,” Ganchoon said.

“In addition to loss of income, we also have actual damage because the ship is a total wreck, total damage and I took note of what Mr. Michael An stated that they have experienced phobia and they don’t want anymore to go back there. So that’s also emotional damage,” she added.

Senate Minority Leader Aquilino “Koko” Pimentel III also said the government can help the victims claim initial payment for the damages as he believes that it was a mere accident.

Pimentel pointed out that there are no provisions under the international laws that prevent the government from reaching a compromise and speeding up the resolution, a position which was concurred with by the DOJ and the Department of Foreign Affairs.

“Accidents do happen. Posible namang pure accident ito. If it’s a pure accident, does anybody have to go to jail? Hindi [No]. But we have to compensate those damaged at 'wag na nating i-dribble o patagalin pa masyado [and let us not prolong the process],” he said.

“So that’s our appeal to our friend, neighbor and ally, the Republic of Marshall Islands, given these [pieces] of evidence, naka-on yung transponder ninyo [your transponder was on], that is a [indication of] good faith e. So there’s nothing to hide. ‘Wag na po natin ‘tong patagalin… Should the victims be entitled to a certain amount, international law does not prevent paying an initial amount, ‘di ba? All the more. Kasi 10 araw na po e [Let's not stretch it out further...They have been waiting for 10 days already],” he added.

Captain Leo Bolivar, Deputy Commissioner for Maritime Affairs of the Republic of the Marshall Islands, who was present during the hearing, told Pimentel that he will raise these suggestions to their government.

Senator Robin Padilla echoed the concerns of his fellow senators, saying the compensation should be given to the families of the victims for “humanitarian purposes.”

“Ang akin lang gustong imungkahi sa ating taga gobyerno at siyempre dito sa ating mga bisita [My suggestion for our government and to our visitors here], for humanitarian purposes ika nga [as we call it], if we could consider because these are very poor fishermen and we’re not talking about shipping lines collision. We’re talking about very poor [people here], we have a widow here. I hope we could consider giving them compensation right away,” Padilla said.

Like Pimentel, Padilla said “it is hard to believe criminal liability” in this incident.

“I hope we will not wait for the findings because that will take years… I agree with Senator Pimentel this is an accident. But, of course, if that’s an accident and this is the aggrieved, we have to be considerate. These are very poor people. We have this dispute in our seas, they are very confused where to fish now,” he said.

Bolivar said the preliminary investigation into the incident is currently being concluded. 

The Philippine Coast Guard (PCG) said that no other vessel had gone near FB Dearyn at that time other than the Pacific Anna.

The PCG earlier said appropriate authorities in Singapore, the Pacific Anna’s next destination port, and Marshall Islands, where the ship is registered, have already been notified of the incident and ongoing investigations.

PCG spokesperson for the West Philippine Sea (WPS) Commodore Jay Tarriela previously said initial information would show that the incident “was not deliberate” and it was a mere “accident.” — BM, GMA Integrated News