PCG files raps vs. AC Energy for oil spill in Iloilo

The Philippine Coast Guard on Friday filed a criminal complaint against AC Energy and two of its officers before the Iloilo Provincial Prosecutor's Office over the oil spill that occurred recently.

PCG spokesperson Commodore Armand Balilo on Saturday said the complaint was filed for violation of Section 107 of Republic Act 8550 (The Philippine Fisheries Code of 1998) as amended by RA 10654 for aquatic pollution.

Named respondents aside from AC Energy are John Eric T. Francia, company president, and Roberto Gambito, plant manager of Power Barge 102.

According to a PCG press release, Commander Joe Mercurio of the Coast Guard Station – Iloilo, and the Coast Guard Legal Affairs Team "found sufficient evidence to prove the negligence of said thermal energy company, its President, John Eric Francia, and Power Barge Number 102 Plant Manager, Roberto Gambito that led to the oil spill incident in Iloilo City on 03 July 2020."

The oil spill occurred on the afternoon of Friday, July 3, off the waters of Lapuz, Iloilo City.

Ayala-led AC Energy Philippines Inc. said initial investigation showed the oil spill was caused by a rupture in its barge's fuel tank.

"The Company immediately activated containment protocols through containment booms but due to strong ocean waves, some of the fuel oil escaped the confinement area," it added.

AC Energy said the leakage was contained at around 10:00 p.m. the same day, after 170 combined personnel of the company the Coast Guard were deployed.

"After containment, the Company and the Coast Guard immediately started recovery of the remaining floating residue," it said.

Aside from contaminating the waters in Iloilo, the oil spill has already reached Guimaras. 

"The explosion of Power Barge Number 102 contaminated the coastal areas of approximately 23 communities in Iloilo City, municipality of Dumangas, and Guimaras, as well as a one-hectare mangrove forest in Iloilo," the PCG said.

"It also displaced hundreds of families or 400 locals who peacefully reside in the said areas when the incident occurred," it added.

PCG Commandant Vice Admiral George Ursabia Jr. said they will "perform further legal actions to ensure that justice will be served."

He added they will work "double time on the recovery and rehabilitation efforts to restore safe living conditions for the residents, and the aquatic flora and fauna in the vicinity waters of the most affected communities."

“Let this incident be a reminder to all industry stakeholders that even the slightest negligence can pose direct or indirect threat on the health and safety of the people, as well as living and non-living aquatic resources. The PCG, as a law enforcement body in marine environmental protection, will ensure that the failure of one company serves as a relevant lesson to others. We need everyone’s cooperation to protect and conserve our limited marine resources,” Ursabia said.

Based on Section 107 of RA 8550, AC Energy and its concerned offices, "upon a summary finding of administrative liability" will be fined P300,000 to P500,000 and an additional P15,000 per day "until the violation ceases and the fines are paid, the imposition of cease and desist order, closure or suspension of the development, construction or facility, or cessation of operations, or disconnection of water supply."

"The order may be issued ex parte pending resolution of the case," the PCG said.

If the court hands down a conviction decision, the offenders will face imprisonment of six years and one day up to 12 years.

They will also face a fine twice the amount of the administrative fine, and an additional fine of Php 15,000 per day until the violation ceases and the fines are paid, the imposition of cease and desist order, closure or suspension of the development, construction or facility, or cessation of operations, or disconnection of water supply. The order may be issued ex parte pending resolution of the case."

The Department of Environment and Natural Resources said it will impose fines on the barge owner. —KG, GMA News