The owner and the captain of the motorbanca Amejara who are still missing after the boat sank off Davao Oriental have been found criminally and administratively liable.

Based on the marine casualty investigation, the recreational boat departed without proper authorization and failed to comply with Philippine Coast Guard (PCG) clearance requirements.

The boat with 16 people on board was reportedly heading to Governor Generoso, Davao Oriental from Sta. Ana Wharf, Davao City. It went missing on January 19, 2026.

Authorities said unverified structural modifications and excessive cargo, including additional fuel drums, containers, scuba tanks, fishing equipment, and coolers containing alcoholic beverages, compromised the vessel’s stability.

Reports also noted unverified alcoholic consumption on board.

The Coast Guard District Southeastern Mindanao (CGDSEM) said the boat encountered severe sea conditions and strong waves while attempting to return to the Sta. Ana Port.

“Motorbanca Amejara encountered severe conditions characterized by huge and continuous waves into vicinity waters of Cape San Agustin. Due to the deteriorating sea conditions, a decision was made to return to Sta. Ana Port. While manuevering yo reverse course, the vessel was struck by strong waves on her starboard side causing a heavy (inaudible) and subsquent loss of her stability. The vessel eventually foundered and totally submerged,” CGDSEM Commander, Commodore Philipps Soria, said.

The incident investigation report also showed multiple regulatory violations, including sailing outside authorized routes and time, failure to secure a special permit, and submission of inconsistent master’s declarations of safe departure.

CGDSEM said the boat owner, Ace Ryan Cortez, and boat captain, Patrocinio Genita, may face charges for reckless imprudence resulting in multiple homicide.

“The filing of criminal and civil liability for reckless imprudence resulting to multiple homicide to Mr. Ace Ryan Cortez, owner of motor banca Amejara for neglecting the regulation and in his own capacity instructing the boat captain to depart from Sta. Ana Port without PCG clearance and with multiple violations in the PCG and MARINA regulations. Second, the filing of criminal and civil liability for reckless imprudence resulting to multiple homicide to Mr. Patrocinio Genita, the boat captain of motor banca Amejara for neglecting regulations in his own capacity as the boat captain to depart from Sta. Ana Port without PCG clearance and with multiple violations in the PCG and MARINA regulation,” Soria added.

Based on latest report, only one person was rescued, six bodies were recovered, and nine others, including Cortez and Genita, remain missing.

“But as of now it would result in a dead end because both of them were not found, and at least alive during the search and rescue operations. But we are not limiting the family if they want to pursue criminal charges,” CGDSEM Legal Officer, Atty. Joule Artemson Visabella, said.

Authorities maintained that the Coast Guard Sta. Ana Substation did not authorize the boat to sail.