Boat captain, 2 PCG men indicted over ship sinking

ORMOC CITY, Philippines  – The city prosecutor’s office has ordered the filing of charges against the captain of M/B Kim Nirvana-B and two Philippine Coast Guard (PCG) personnel for the sinking of the vessel at this city’s port two months ago.

Acting assistant city prosecutor Erwin James Fabriga ordered Capt. Warren Oliverio and PCG personnel Seaman Second Class Jonas Sabado and Seaman Joseph Blanco II charged with reckless imprudence resulting in multiple homicide.

Bail was set at P10,000 for each of the accused.

The criminal complaint against boat owner Juge Bong Zarco and 17 crewmembers, who have been detained since the July 2 incident, were dismissed for lack of probable cause.

Fabriga said the boat owner ’s liability is civil in nature and the complainants would file a separate civil action against him.

The prosecutor cited evidence showing Oliverio failed to exercise diligence when he proceeded to sail, even as the boat was overloaded with cargo and passengers.

 He said Sabado and Blanco should be held liable for allowing the voyage when the total number of passengers exceeded the boat’s maximum capacity of 178.

Survivors said no head count of passengers was conducted by the PCG personnel.

 Fabriga said the boat could be carrying 220 passengers, including the 158 survivors and 62 fatalities.

The number of fatalities climbed to 63 after a girl’s hip bone was recovered two weeks after the incident.

Two others remain missing.