35 face falsification raps over Mindoro oil spill

MANILA, Philippines — Eighteen counts each of falsification and perjury charges were filed yesterday against 35 people in connection with the sinking of motor tanker Princess Empress, which spilled around 800,000 liters of industrial fuel into the waters off Oriental Mindoro in February.

The National Bureau of Investigation-Environmental Crimes Division (NBI-ECD) said the owners and officers of the tanker falsified the vessel’s certificate of public convenience to allow it to sail 18 times from December last year until it sank on Feb. 28.

The charges were filed before the Department of Justice (DOJ) against the officers of RDC Reield Marine Services, owner of the Princess Empress, as well as officials of the Philippine Coast Guard (PCG) and the Maritime Industry Authority (Marina).

The DOJ said each of the 18 voyages between Dec. 3, 2022 and Feb. 26, 2023 would be considered as one count of falsification.

In a press briefing yesterday, Justice Secretary Jesus Crispin Remulla said there was “bad faith” in the use of a falsified document by the shipping company.

“They were not compliant with all the responsibilities required from people who secure certificates of public convenience. As a service for hire in our seas, extraordinary diligence is required of them,” Remulla said, referring to RDC Reield Marine Services.

“They took things for granted. They took shortcuts, and things they never expected would happen, happened. So they have to pay the price for that,” Remulla added.

Seven incorporators and directors from RDC Reield Marine Services, six crewmembers of the Princess Empress and 19 PCG officers were named respondents in the complaint for falsification as provided under Article 172 of the Revised Penal Code.

Based on the first page of the complaint seen by journalists, among the company officers named as respondents are members of the family that owns the firm – Reymundo, Criselda, Fritzie, Reia, Franciz John and Reield Faye – all surnamed Cabial.

The complainants include the NBI and Mayor Jennifer Cruz of Pola, Oriental Mindoro.

“The CPC was made to appear as a certified true copy ‘when no such original document exists,’” DOJ Assistant Secretary Mico Clavano said during a press briefing.

The PCG personnel were found liable for their failure to check the validity of the CPC during pre-departure inspections, Clavano said.

Meanwhile, the heads of the Marina-Bicol and Marina shipyard regulation service in the region were found liable for “illegally registering Princess Empress using false documents.”

Their involvement stemmed from the fact that the tanker was a scrap ship refurbished into a larger vessel at a shipyard in Navotas.

The company officers were also accused of perjury for using a falsified construction certificate, affidavit of ownership and builder’s certificate to obtain a tonnage measurement certificate from the Marina.

The DOJ is not yet discounting the role of higher officials, up to the Marina administrator, and more charges for violating environmental laws due to the damage caused by the oil spill.

PCG public information officer Armand Balilo said he respects the decision of the DOJ to include the Coast Guard in the charges.

However, Balilo said they would wait for the official document before making a proper comment on the issue. — Mark Ernest Villeza