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The Pamalakaya, a federation of small fisherfolk organizations in the Philippines, and the Iloilo-based environmental advocacy group Save Our Lives, S.O.S!- Panay and Guimaras are supporting and working closely with the victims of the Guimaras oil spill tragedy. They have demanded an explanation from the IOPCF for granting Petron's claim for 118 million pesos (US$2.53 million) for the costs of the shore cleanup.
Petron is the principal culprit in the Guimaras oil spill tragedy that made life miserable for hundreds of thousands of small fishermen and residents of Guimaras and Panay Islands. The company, owned jointly by the Philippine National Oil Company and Saudi Aramco, a Saudi-American company, was the main player behind the destruction of hundreds of mangrove areas in the Guimaras Strait. Does it deserve the right to claim damages?
The IOPCF, at an Executive Committee meeting in June, reported that Petron's claim, initially pegged at 196 million pesos, was provisionally assessed for a total of 118 million pesos, and that interim payment for that amount had been made by the fund.
This act is grossly immoral and totally unfair to the victims of the Guimaras oil spill tragedy. It is a direct assault on the people's quest for truth, justice and fair play.
Petron Corp. is the main culprit in the Guimaras oil spill tragedy. The Sunshine Maritime Development Corp., owner of the oil tanker MT Solar 1 that sank after developing a leak, is its partner in crime in one of the biggest oil spill disasters in recent history. The victims of the oil spill tragedy and groups supporting their plight and cause for justice are asking why the IOPCF decided to give Petron the lion's share of the claim drawn against the insurance of Sunshine Maritime Development Corp. despite the fact that Petron was instrumental in causing the oil spill.
The decision of the IOPCF in granting Petron's request to pay the costs of the oil spill cleanup, by orientation and by design practically absolves Petron of its crimes against the people and environment of Guimaras and switches its status from principal offender to one of the victims. This is preposterous.
For the benefit of the IOPCF officials, the Philippines' Special Board of Marine Inquiry held Petron Corp. and the owners of the MT Solar 1 responsible for the environmental tragedy. Last February the SBMI created a special body to determine the circumstances surrounding the sinking of the oil tanker.
The special body found that the oil tanker was overloaded. It found lapses and incompetence on the part of the vessel's crew. The MT Solar 1 captain Norberto Aguro was not a licensed oil tanker master, which led him to violate and disregard regulations, policies and requirements for seaworthiness. The owner of the MT Solar 1 and Petron Corp. were declared liable for overloading the vessel. These findings were upheld by the Philippine Senate, when it conducted an inquiry last year.
Petron and Sunshine Maritime Development Corp. were guilty of violating Philippine environmental laws including but not limited to the Clean Air Act of 1999, the Clean Water Act of 2004 and the Ecological Solid Waste Management Act of 2000. The decision of IOPCF to reimburse them for the oil spill cleanup is unfair, unwarranted and lacked legal and moral merit.
To address this issue, the IOPCF leadership should take back the US$2.53 million in claims awarded to Petron Corp. and instead use this amount to pay damage claims made by affected fisherfolk and residents, who were victimized by Petron's great rush for super profits.
The world is monitoring current developments regarding the payment of these damage claims. The IOPCF must atone for its error and do its job in accordance with the national and collective interest of the victims of the Guimaras oil spill tragedy.
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(Gerry Albert Corpuz is a correspondent of Bulatlat.com, an alternative Philippine online news site. He is also currently the head of the Information Department of Pamalakaya, a national federation of small fisherfolk organizations in the Philippines. His Web site is www.gerryalbertcorpuz.motime.com, and he can be contacted at themanager98@yahoo.com. ©Copyright Gerry Albert Corpuz.)
