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The Maritime Industry Authority revoked the Certificate of Public Convenience of RDC Reield Marine Services, owner and operator of MT Princess Empress, the tanker that sunk off the coast of Naujan, Oriental Mindoro last February
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The revocation is based on findings that the company operated MT Princess Empress without authority from the relevant authorities
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The MARINA-NCR decision is not yet final and executor; per MARINA procedural rules, the respondent has 15 days from May 11 to file an appeal
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Investigation is ongoing on Orient Registry Shipping, Navis Engineering and Marine Services, and Reyeld Townsite Shipyard given the initial finding of alleged non-compliance on their part with standards and pertinent MARINA circulars
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Department of Transportation is also looking into the possible culpability of personnel from the relevant maritime authorities in relation to the sinking of MT Princess Empress
The Maritime Industry Authority (MARINA) revoked the Certificate of Public Convenience (CPC) of RDC Reield Marine Services, owner and operator of MT Princess Empress, the tanker that sunk off the coast of Naujan, Oriental Mindoro last February.
In a resolution dated May 11, MARINA-National Capital Region (MARINA-NCR) cancelled the CPC of RDC based on the finding that the company operated MT Princess Empress without authority from the relevant authorities, the Department of Transportation (DOTr) said in a statement. MARINA is an attached agency of DOTr.
MARINA Legal Service director Atty. Sharon Aledo, in a virtual press conference on May 19, clarified that the MARINA-NCR decision is not yet final and executory. Per MARINA rules, the respondent has 15 days from May 11 to file an appeal. If RDC does not file an appeal, the decision becomes final and executory, Aledo said, and the ship owner will have to pay a fine of P100,000 for operating without a CPC.
Aledo explained that while RDC has a CPC, it has not been amended to include MT Princess Empress as part of its fleet, therefore the tanker has no authority to operate.
A CPC is an authority embodied in a decision, issued by the MARINA to a domestic water transport service provider to operate a vessel for commercial/public use, for which no franchise, either municipal or legislative, is required by law.
Operating a ship in domestic trade without a valid CPC is a prohibited act under Section 16, Chapter VI of Republic Act (RA) No. 9295 (Domestic Shipping Development Act), and Section 16, Rule VI of the 2014 amendments to the revised rules and regulations implementing RA 9295. This prohibition is likewise reflected in Section 7, Rule III of the 2014 amendments which requires that the CPC should be amended in case a ship is to be added or removed from the shipowners/operators’ CPC.
Aledo said based on MARINA records, RDC has three other vessels—two tankers and one passenger ship that are covered by the CPC. These vessels, however, have not been operating since MARINA earlier issued a cease-and-desist order to RDC.
MARINA-NCR is also continuing its investigation on classification society Orient Registry Shipping Inc., Navis Engineering and Marine Services, and Reyeld Townsite Shipyard Corp. given the initial finding of alleged non-compliance on their part with approved standards and pertinent MARINA circulars.
DOTr said it is also looking into the possible culpability of personnel from the relevant maritime authorities in relation to the sinking of MT Princess Empress.
It said serious questions have been raised about the seaworthiness of the vessel and that despite not being authorized to operate, the vessel was able to sail for at least 17 times before it sank on February 28, 2023.
“We have had sinkings before but no one has been held to account. This time all parties, whether private or public, will be held accountable. There will be no exception.” Transportation Secretary Jaime Bautista said.
“Our policy is zero tolerance to shortcuts, official negligence, and disregard of rules. The rule of law, good governance and best practices must prevail throughout the department and its agencies,” he added.
Aledo said MARINA has already conducted an administrative fact-finding investigation, which findings indicated that some MARINA circulars have been violated or have not been dutifully observed by some MARINA personnel. The report from the fact-finding investigation has been submitted to the MARINA administrator, who through the Legal Service has endorsed the report to the MARINA Anti-Graft and Corruption Committee (AGCC). Aledo said the AGCC has already convened and is now preparing the necessary show cause orders to the MARINA personnel who may be involved in the matter.
Aledo said currently there are two MARINA personnel who are subject of the investigation, which will look into the possible violations on MARINA rules and circular from the construction of the vessel up to the issuance of certificate of registration and other statutory certificates.
She said the AGCC will be following the Revised Rules on Administrative Cases in the Civil Service and the findings of the investigation will be recommended to the MARINA administrator for the possible filing of formal administrative charges.
On February 28, 2023, MT Princess Empress, with 800,000 liters of industrial oil, sank off the coast of Naujan and began to spill its petroleum contents. The tanker was en route to Iloilo from SL Gas Harbor Terminal in Limay, Bataan when it encountered engine trouble due to overheating. It then drifted towards the vicinity waters off Balingawan Point due to rough sea conditions until it submerged.
The oil spill has affected thousands of residents from affected areas in Oriental Mindoro, Antique, Palawan, and Batangas.
The national government has cleaned up over 84% of the coastline affected by the oil spill in Mindoro, Defense senior undersecretary Carlito Galvez Jr. said on May 12. A total of 6,801 liters of oil waste and 300,603.60 liters of oil-contaminated waste that have been collected through the combined efforts of various agencies and organizations. A siphoning vessel from Singapore is expected to arrive by the end of the month while oil removal operations are set to begin in the first week of June, which is estimated to last for 30 days.
Aledo said according to the Philippine Coast Guard, they have already received the P33.5 million from the oil pollution management fund and have already acquired the necessary items for the oil spill clean-up operations. Established under Republic Act No. 9483, or the Oil Pollution Compensation Act of 2007, the OPMF is a revolving fund that comes from contributions of owners and operators of tankers and barges hauling oil and for petroleum products in Philippine waterways and coastwise shipping routes.
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