Raffy Tulfo urges criminal cases vs. Aleson owners after Basilan ferry sinking

Senator Raffy Tulfo on Thursday pushed for the filing of criminal cases against the owners of the Aleson Shipping Lines following the sinking of its vessel, the M/V Trisha Kerstin 3, in Basilan waters.

In a Senate committee hearing, Tulfo said a case of reckless imprudence resulting in multiple homicide should be filed against the owners, noting that more than 50 people died in the incident.

"File a criminal case against Aleson, the owners especially. Kasi ang mga may-ari ang may kapabayaan dito. Alam nila na bulok 'yung barko nila and yet pinalarga pa rin nila. Alam nila na dapat mag-retire 'yung barko nila dahil 31 years old na and yet pinaloot pa rin nila," he said.

(File a criminal case against Aleson, especially the owners. Because the owners are the ones who were negligent here. They knew their ship was dilapidated and yet they still let it sail. They knew their ship should have been retired because it is already 31 years old and yet they still sent it out.)

Tulfo's statements came after Transportation Assistant Secretary Manuel Cabochan III reported that the Department of Transportation (DOTr) would file administrative cases against a Maritime Industry Authority (MARINA) regional director and seven technical personnel for neglect of duty.

The department will also file administrative cases against nine personnel of the Philippine Coast Guard (PCG), including the station commander for command responsibility, and five members of the boarding team.

Cabochan said all of them are now under preventive suspension.

According to Cabochan, their initial findings also showed that the vessel exceeded its passenger capacity.

The DOTr said the vessel had an authorized capacity of 352 passengers and 24 to 27 crew members. 

As of Wednesday, Cabochan said, there were 293 survivors, 52 cadavers recovered, and 24 missing individuals.

"Mayroong inconsistency sa passenger manifest dahil sa number of survivors and cadavers recovered. Mayroon po sa kanilang wala doon sa passenger manifest. So the finding is nag-exceed po sila sa passenger capacity," he said.

(There are inconsistencies in the passenger manifest because of the number of survivors and cadavers recovered. There were those whose names were not in the passenger manifest. So the finding was that they exceeded the passenger capacity.)

Aside from this, the DOTr found that the vessel had too much cargo.

"Cargo overloading may have caused lashing problems po. So naputol ho 'yung lashes, we believe, causing possible shifting ng rolling cargoes. Kaya 'yung stability ng vessel nagka problema," he said.

(Cargo overloading may have caused lashing problems. We believe the lashes broke, causing possible shifting of rolling cargoes. This resulted in a problem with the vessel's stability.)

"And then pangatlo po, 'yung safety violations noted during pre-departure," he added.

(Thirdly, there were safety violations noted during pre-departure.)

Tulfo, meanwhile, stressed that the vessel is already 31 years old, questioning its seaworthiness.

"Dapat kapag 'yung mga steel hulled katulad niyan, after 30 years, nire-retire na 'yun. So sumobra ng isang taon. Isa pa 'yun. Ilagay niyo sa findings niyo," he said.

(Steel hulled vessels like this one should be retired after 30 years. So it exceeded that number by one year. That's another item. Put that in your findings.)

The senator said he would not allow that only administrative cases would be filed.

In response, Cabochan said the administrative case is only the initial filing.

Constructed in Japan

Meanwhile, the Philippine Coast Guard (PCG) said the vessel was originally constructed in Japan in 1995. 

The PCG said the vessel was called MV Camellia 2 in Japan and was registered with only a passenger capacity of 150.

“As you can see, the bridge which is the highest part of the vessel, originally this is for the use of the crew. But it was converted to carry passengers. The second deck, which is above the main deck… was also converted to carry more passengers,” the PCG said.

“That’s why from 150 in Japan, its original registration, it was reclassified and registered to 352 maximum passenger capacity,” he added.

Tulfo then asked Marina if the boat must obtain permission or certification before it can be modified. 

Marina said yes and affirmed that it gave permission for the boat to be modified. It said that based on the records, the vessel was imported in June 2010 and was modified in September 2010.

“After the alternation, mag re-recompute po ng lahat ng stability... the load line capacity.s o ito po lahat ay technical, which hindi ko din naman gaano mae-explain. ang sinasabi ko lang po, dumaan siya sa proseso,” Marina said. — VDV/RSJ, GMA Integrated News