Sunken ferry’s owner, crew face admin raps
The Department of Transportation (DOTr) has ordered the Maritime Industry Authority (Marina) to file an administrative case against Aleson Shipping Lines, the owner of MV Trisha Kerstin 3, which sank off the coast of Basilan province last month, killing 52 people.
The crew of the ill-fated passenger ferry will also be charged administratively for their lack of competence and “poor seamanship.”
The filing of charges, acting Transportation Secretary Giovanni Lopez said in a briefing on Wednesday, were based on the findings of a partial report submitted by the Philippine Coast Guard (PCG) and Marina which investigated the tragedy.
According to Lopez, overloading and the lack of a predeparture safety audit were among the possible reasons for the sinking of the Jolo, Sulu-bound roll-on, roll-off (RoRo) passenger ferry shortly after midnight on Jan. 26.
The combined weight of the passengers and the cargo may have been above the vessel’s capacity, which could have caused a “cargo shift” in the rolling cargoes, he said.
The Marina and PCG further determined that the rolling cargoes, which included vehicles such as trucks and motorcycles, did not pass through the port’s weighing bridge. This meant that there was only an “informal” estimate of the ship’s weight, with no record of the actual number, Lopez told reporters.
No official weight estimate
Another finding pointed to “inconsistencies” between the number of passengers that survived or remain missing compared to the number of passengers listed on the ship’s manifest, Lopez said, adding that the PCG was still studying the matter. A total of 24 individuals have yet to be found after the sinking.
“The investigation also revealed, according to the report of the coast guard, that there were already safety violations during the predeparture. However, [the ferry] was still allowed to set sail [from Zamboanga],” the DOTr chief said.
In addition, safety deficiencies were likewise spotted in the ferry which, despite this, was still given a safety or seaworthiness certificate.
‘Poor seamanship’
As for the ship’s crew, the PCG and Marina said they showed “poor seamanship” or a lack of competence when water started entering the vessel.
“We have instructed the Marina to file administrative cases against Aleson Shipping Lines to determine whether or not to revoke their franchise,” Lopez said.
“This also includes the filing of administrative cases against the crew of MV Trisha Kerstin 3, and we have suspended their seamen’s identification documents,” he added.
“We also directed the DOTr-legal to coordinate with the Marina and Coast Guard to study and prepare for the filing of criminal cases against the officers, owners of Aleson Shipping Lines, together with the seafarers who survived,” Lopez said.
He further directed the Marina to suspend the accreditation of Orient Shipping Lines, the third-party classification society that provided the safety certificate to MV Trisha Kerstin 3.
Six PCG and 8 Marina personnel involved in the sinking incident have been relieved from their posts following the incident, with some of them also facing administrative cases.
Five of the PCG personnel were in charge of the predeparture inspection while the sixth was the Zamboanga PCG station commander, who had command responsibility.
On the other hand, Marina personnel facing administrative charges for neglect of duty include Zamboanga regional director Jedini Nur Sibal, shipping operations specialist Bevin Bibi, and shipbuilding specialist II Jose Ray Quimiguing.
“If it was revealed through their administrative cases that there was a strong neglect of duty, we will not hesitate to also file criminal cases against them for possible violations of [Republic Act No. 3019] or the Anti-Graft and Corrupt Practices [Act,]” Lopez said.
