Two officials and a petty officer of the Philippine Coast Guard (PCG) face graft and other charges in connection with the sinking of M/V Princess of the Stars off Sibuyan Island near Romblon last June 21.
This, after the Ombudsman’s field investigation office (FIO) found ample evidence to pursue the indictment of PCG National Capital Region-Central Luzon district commander Luis Tuazon, Manila station commander Erwin Balagtas, and petty officer Rizalde Sardan for their alleged liability in the maritime tragedy that left some 400 passengers and crewmembers dead.
The complaint against the three for alleged violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act as well as gross neglect of duty, grave misconduct and conduct prejudicial to the best interest of the service under the Omnibus Rules Implementing Book V of Executive Order No. 292, as amended by Civil Service Commission Circular No. 15, 2. 1999, has been submitted for preliminary investigation, according to Assistant Ombudsman Mark Jalandoni, FIO head.
Jalandoni said the Ombudsman acted on its initiative, in the absence of any formal complaint, to probe any criminal liability on the part of officials of the PCG and other agencies, taking into account the findings of the Board of Marine Inquiry.
According to the FIO, Tuazon, Balagtas and Sardan failed to faithfully perform their duties and responsibilities in enforcing maritime safety laws, rules and regulations, particularly PCG Memorandum Circular No. 04-07 (Revised Guidelines on the Movement of Vessels during Heavy Weather).
The memorandum states that “no vessel shall sail, except to take shelter, if Public Storm Warning Signal Number 3 or 4 is hoisted within its point of origin, the route and point of destination.”
Under the same circular, Tuazon, Balagtas and Sardan were mandated to “monitor the prevailing weather conditions and (were) required to plot in the weather chart the forecast position of the typhoon,” read the FIO complaint signed by Jalandoni.
However, the three allegedly still allowed the Princess of the Stars to sail for Cebu last June 20, despite the storm signals issued by the Philippine Atmospheric, Geophysical and Astronomical Services Administration.
They also allegedly failed, according to the FIO, to monitor the movement of typhoon “Frank” and plot the danger sector from the path of the typhoon which would have made them realize that the Princess of the Stars was not moving away but moving toward a collision course with the eye of the typhoon.
According to the complaint, the two PCG commanders and petty officer “acted at the very least gross inexcusable negligence when they failed to perform faithfully the duties they (were) required to do during the occurrence of typhoon Frank.”
“Their acts caused undue injury to the people of Romblon whose lives and livelihood were gravely affected, to the marine environment whose fragile ecosystem was gravely endangered, to the bereaved families who lost their loved ones when MV Princess of the Stars sank off Sibuyan Island in Romblon, and above all, to public safety and national interest,” the complaint added.
If found guilty, Tuazon, Balagtas and Sardan face dismissal from the service and imprisonment of not less than six years.