Chinese captain sues Tubbataha park manager, rangers

The captain of Chinese vessel F/V Hoi Wan, which was intercepted by Philippine authorities before Christmas within Tubbataha Reefs Natural Park (TRNP), has sued the marine park manager and rangers for arbitrary detention before the Office of the Provincial Prosecutor in Puerto Princesa City.

Huang Yaliu and two of his 29 crewmen filed Thursday a criminal complaint against TRNP manager Angelique Songco, TRNP rangers Segundo Conales and Noel Bundal, Police Officer 2 Amador Monserrate, and Philippine Navy SN1 Erlinger Bundang and SN1 Ronilo Amorin.

In his affidavit, Huang said they were charged before the court and sent to jail on Dec. 31, 2006, which is more than nine days after Dec. 21, the day they were apprehended and detained at the TRNP.

The criminal complaint and affidavit were filed before the office of Provincial Prosecutor Allen Ross Rodriguez in Palawan.

However, the lawyer for the respondents said the case filed by the Chinese nationals was "not something new," but "a typical harassment suit (filed) versus law enforcers."

Songco believes the court would dismiss the case.

Lawyer Grizelda Mayo-Anda, of the Environmental Legal Assistance Center (ELAC), said they believe there is reasonable ground for the delay in bringing the Chinese poachers to Puerto Princesa City.

"Time and location concerns are reasonable grounds (for the delay)," Anda told The STAR.

According to Huang’s account of the incident, Hoi Wan, a vessel registered in Hong Kong, left the port of Bongao, Tawi-Tawi flying a Philippine flag on Dec. 20.

At around 1 p.m. the following day, he claimed that while navigating and passing through the waters approximately 11 nautical miles off TRNP, five men carrying armalite rifles on board a speed boat suddenly fired at them, prompting them to stop.

At this point, Huang said, three of the five men boarded their vessel and ordered them to go to the front open deck of the vessel before proceeding to inspect the rest of the boat.

He said that the inspectors opened all the boat aquariums "over our protests."

Huang added that the "armed men" then instructed him to navigate and pilot the boat towards TRNP and then told him to drop anchor near the station of the TRNP rangers.

There, he said, "we, and all the rest of the entire crew of Hoi Wan were held, detained, and prohibited to leave until the morning of Dec. 30, 2006," when the Philippine Navy finally escorted the Chinese nationals to Puerto Princesa City.