DOTC mulls civil case vs shipping firm over Cagayan sea mishap

Transportation Undersecretary for Maritime Sector Ma. Elena Bautista said yesterday they are now studying the filing of a civil case against the owner of the motorized banca which capsized last week off Cagayan, killing 47 people.

Bautista, acting administrator of the Maritime Industry Authority (Marina), said her office received information that the shipping firm that owned the capsized 28.05-gross-ton M/B Mae Jan does not have insurance for its passengers.

“We are reviving filing a case for garnishment of properties because they do not have passenger insurance and they have to give P200,000 for every passenger,” she said. 

Garnishment is a means of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money, otherwise the defendant directly pays the plaintiff.

Philippine Coast Guard-Northern Luzon district commander Captain Athelo Ibañez said as of yesterday, six persons remained missing. Forty-seven were confirmed dead and 45 survived the sea mishap.

PCG commandant Vice Admiral Wilfredo Tamayo said the search for the missing passengers would go on until Friday, but “our SAR 003 vessel would remain in the area with its medical team.”

He said “maritime traffic in the area is still advised to continue to be on the lookout for the remaining six missing persons.”

Ibañez said they have decided to reset to Jan. 13 the hearing of the Special Board of Marine Inquiry (SBMI), which would determine if the ship captain Dami Tan and the ship owner has any liability.

Last Saturday, Dec. 20, the SBMI held its first hearing but there was an appeal to reset it. “Representatives of the owner and the crew members came to the hearing but they still have to get documents which they need to present before the board.”

He said the relatives of the victims were also preoccupied with the burying of their dead.

The passenger-cargo vessel left Calayan Island at around 10 a.m. last Dec. 14 and was on its way to Aparri.

To reach its port of destination the wooden-hulled ship with outriggers would have to travel about eight hours. Under normal conditions, it should have arrived in Aparri at 6 p.m. but due to the weather disturbance in the area, the ship capsized some 50 meters off Barangay Pallok in Ballesteros at about 8:30 p.m. 

Reports said the ship carried excess passengers as its capacity was only limited to 50 people. There were 98 passengers and crew on board when it sank.

Lt. Col. Edgard Arevalo, navy spokesman, said the disaster rescue and response team deployed to the site where M/B Mae Jan overturned has shifted its operations to providing assistance to the victims’ families.

President Arroyo commended the military’s active role in disaster response during the 73rd Armed Forces of the Philippines anniversary celebration at Camp Aguinaldo, Quezon City.

She said that in times of disasters and other emergencies, the soldiers are the first to be called to help. — With James Mananghaya