SENATOR CHIZ ESCUDERO (CHIZ): Thank you, Madam Chair. Just to pursue the point of Senator (Raffy) Tulfo, Ma’am, sabi niyo po kanina, Senator Tulfo, dapat hindi na mangyari ulit. May I ask the owners of the sunken vessel kailan niyo po nabili ang barko at ilang beses na po naglayag ito?
RDC REIELD MARINE SERVICES (RDCRMS): It’s a new vessel po
CHIZ: Ito ba ang kauna-unahang beses na naglayag siya?
RDCRMS: Hindi po.
CHIZ: Ilang beses na naglayag ito ng wala pang CPC?
RDCRMS: Please allow me to ask.
CHIZ: Go ahead, please. The point I’m getting at Senator Tulfo is anong “next time”, nakailang next time nga ito.
RDCRMS: Your Honor, that was the ninth voyage po.
CHIZ: So, it happened nine times already. So nine times from whatever port it left, from whatever area it left port the Coast Guard as supposed to have inspect it and the Coast Guard saw there was no amended CPC yet covering this vessel. So, kung saka-sakali Senator Tulfo, pang-siyam na ito na oversight on the side of Coast Guard. So, may we know mam the area that it left port? Dahil baka iba’t ibang sangay o supervisor o head ng Coast Guard ang tila namalikmata o tumingin sa ibang lugar at hindi ito pinansin o binati man lamang ng siyam na beses
RDCRMS: Your Honor, allow me to consult my team.
CHIZ: Yes, Maam.
RDCRMS: Hindi po kami sure pero Bataan at Manila po.
CHIZ: May we get a corresponding report as well from the Philippine Coast Guard in regard to these nine trips that the sunken vessel undertook still again without the corresponding CPC and why they were allowed to continue with their voyage. Ma’am, here you discuss ‘yung insurance, you have an insurance under the law you should have an insurance for each vessel, right?
RDCRMS: Yes, your Honor.
CHIZ: Hindi naman naka-attach sa CPC ang insurance, ‘di ba? Naka-attach ang insurance sa kada vessel
RDCRMS: Yes. Precisely, your Honor.
CHIZ: Mam, how were you able to get an insurance without the corresponding amended CPC to include this vessel?
RDCRMS: As far as we are concerned Sir, RMS as a company has a CPC. ‘Yung amendment po we applied as early as November, we submitted all the documents required, the last submission was last December. So kumbaga, sa insurance po kasi they ask for the CPC, meron po kaming valid CPC.
CHIZ: Do we have a representative from the insurance company? Ma’am, if you applied in November, made submission sometime in December as you said, when was the first voyage of the ship?
RDCRMS: Allow me to consult my team to be clear.
CHIZ: Approximately. Hindi naman kailangan ang petsa.
RDCRMS: December din po, your Honor.
CHIZ: Notwithstanding the absence of an amended CPC, when you completed the submission nagbiyahe na.
RDCRMS: Yes, Sir.
CHIZ: May I ask MARINA, would there be any reason for a company with an existing CPC na bumili ng bagong barko tulad ng kumpanyang ito na i-deny niyo ‘yung additional na barko na idagdag sa kanyang existing CPC basta kumpleto naman ang document?
MARITIME INDUSTRY AUTHORITY (MARINA): No, we cannot. We would get the amended CPC.
CHIZ: Basta makumpleto lang ang dokumento? I asked that question, Sir, because my problem is that MARINA itself in this particular instance. Because kung tingin ng mga may-ari ng barko, i-ga-grant niyo rin naman makumpleto lang, I think that is the reason and basis that they assumed na papalayagin na nila dahil gina-grant namam palagi ng MARINA. Has there been any instance that you denied an application for a new vessel in an existing CPC?
MARINA: Yes, we have. We have if they do not submit the complete documents.
CHIZ: But once ma submit ang nakumpletong dokumento.
MARINA: We can grant. There is also like the motor tanker once you include mo sa amendment may capitalization na involve.
CHIZ: Agree, Sir. I understand. I’m familiar with the industry. Now my question is, is there an provisional license to operate while it is pending before MARINA?
MARINA: We can grant a temporary permit or special authority.
CHIZ: Pero in amendment of the CPC.
MARINA: Yes, but they did not apply to that.
CHIZ: In this instance, hindi po kayo nag-issue?
MARINA: Hindi nag-issue kasi hindi sila nag-apply.
CHIZ: Ngayon kung kulang pa po ang dokumento kabilang na, halimbawa, ‘yung mga dokumentong ligtas ‘yung barko, nagko-comply sa lahat ng requirements. Anong basis po ng pag-grant ninyo sa ibang sitwasyon sa pag-grant ninyo ng provisional authority to operate without the completed documents being submitted as of yet?
M: From what I understand, ang mga kulang doon na dokumento, ang financial statements at bank ano. So once complied ‘yan kasi may hearing dyan after the completion so once complied na ‘yan automatic we can issue a CPC.
CHIZ: May I just ask the MARINA to submit to us all pending amendments, and applications for amendments to the existing CPCs so that we can cross-reference it with the Philippine Coast Guard. Kung ano pa ang mga naglalayag na wala pang amendment sa CPC in order to fulfill the desire of Senator Tulfo that this does not happen again under the same circumstances so that we can compare notes.
M: We will do that, your Honor.
CHIZ: Do that, Sir. Thank you, Sir. Two more points, Madam Chair. I refer my question to the OCD and the NDRRMC chaired by I believe Sec. Galvez. He’s not here anymore?
CHIZ: Assec Alejandro, Governor Bonz and I were both governors before ‘yung huling kalamidad at trahedya na nangyari sa lalawigan ko nung ako ay gobernador pa ng lalawigan ng Sorsogon nangyari noong December 2019 sa pamamagitan ng isang bagyo na ang pangalan ay Tisoy. Awa ng Diyos, hanggang ngayon po, wala pa ring binibigay ang OCD at NDRMMC sa amin. Na-submit na ang lahat ng reports, binigay na po lahat, pero makalipas ang tatlong taon wala pa din po. Something must be done on the part of NDRRMC. I know that it is an inter-agency bod. I know it comprise the secretaries of the various department, but you must be able to find a way based on your procedures insofar as giving assistance. Ang laki-laki ng pondo ninyo sa Calamity Fund, hindi naman nakakarating sa dami at sa hirap mag-comply sa mga requirements.
Bilang halimbawa, at alam ni Gov. Bonz ito, tinamaan kami ng bagyo, siyempre, makalipas ang isa o dalawang linggo, alangan namang tumira sa ilallim ng puno ung mga tao maghihikahos ‘yan magsusumikap ipagawa ung bahay. ‘Pag pumunta ang OCD, NDRRMC makalipas ang tatlo o apat na buwan, nakatayo na ang bahay wala na kaming patunay na totally damage ang bahay. Ganoon din ito. Nandoon ang langis alangan namang hindi maglinis, hintayin kayo mag-picture, mag-document para mapatunayan nila na talagang apektado sila, wala silang gagawin? ‘Pag naglinis ngayon sila at nag-picture kayo pagkalipas ng ilang buwan, wala ng patunay na talagang tinamaan at apektado sila at hindi niyo ibibigay ang kiniclaim nila.
I think it is an unfair situation, gravely unfair situation if you expect people to simply sit by idly and not do anything, awaiting your documentation team to document the damage done. You have to take, at some point in time, the word of the local government unit for that. Kami naman ‘yung on the ground, pagtama ng bagyo nandon agad.
NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL (NDRRMC): Right now, Sir, we are doing the review now on how we assess the request from LGUs. However, our standing orders from the office of the President are to review and incorporate already the recommendation of our LGUs when we do validation of the request. So we are trying to come up with a new, amended memorandum circular on this, Mr. Chair. And hopefully, within the next few weeks or months, we would be able to issue that and come up with more streamlined access in processing the request from the LGUs.
CHIZ: I am sorry Assec, but that seem to be unacceptable. You’ve been there for eight and a half months since this new administration sat and you are asking for a few more months to streamline your procedures and review your procedures. I don’t think that is acceptable. Mauubos niyo na ang halos isang taon ng panunungkulan ninyo, limang taon na lang ang naiiwan, ang dami ng mga kalamidad tumama at dumaan sa ating bansa nasa review process pa rin tayo? Gaano karaming pondo ba ang binabalik ninyo sa National Treasury dahil hindi niyo nagagastos?
I can give the figures and submit it to the committee, Madam Chair, but I just don’t have it with me right now. But the point is you have so much funds, actually, for calamity and disaster relief but you have not been able to use it simply because of your cumbersome procedure and I am disappointed, Madam Chair, that it has taken eight and a half months since and it is still not finished. ‘Di ba dapat ‘yung ang unang-unang nagawa o ginagawa ninyo? Dahil aanhin ninyo ang mga pondong binigay sa inyo ng Kongreso kung napakatagal naman bago nyo ma release at i-comply? Can you give us a definite date on when this procedure would be streamlined and the corresponding memorandum circular be issued to streamline these procedures as by way of commitment to this committee, Madam Chair.
CHIZ: It’s OK that Sec. Galvez left, we just presume that whomever he left behind can answer on his behalf.
NDRRMC: I cannot give a definite date when we can finish but—
CHIZ: Hindi naman kailangan date, kahit buwan na lang. Buwan na lang, huwag na date. What month?
NDRRMC: We will do it in one month, Sir. Actually, we are already finishing our review already, Sir.
CHIZ: End of April?
NDRRMC: Yes, Sir.
CHIZ: That’s reasonable enough?
NDRRMC: Yes, Sir. We have a draft already on that, Sir.
CHIZ: Is that realistic enough too?
NDRRMC: Yes, Sir.
CHIZ: Ipa-publish pa ‘yan.
NDRRMC: It’s a memorandum circular, Sir.
CHIZ: So hindi na ipa-publish?
NDRRMC: Ipa-publish, Sir.
CHIZ: So, 15 days after completion of publication or submission sa UP Law Center?
NDRRMC: Yes, Sir.
CHIZ: So, hopefully, it would be effective by May?
NDRRMC: Yes, Sir.
CHIZ: Can you include in your provision a retroactive clause that says that the new and streamlined procedures will also apply to previous and past calamities? Because this is a corrective memorandum circular, legally you can apply it retroactively too. Can you specify in your memorandum, Sir, that it applies retroactively to previous and other claims filed or made by affected citizens and all local government units?
NDRRMC: It will be anchored in the GAA provision that it would apply to calamities in the two years period.
CHIZ: Sir, kaya lang naman po may limitation ng two years sa GAA, dahil after two years kailangan niyo na ibalik ang pera. ‘Yun naman po ang rason nun kung wala na sa inyo ang pera, puwede naman kayo humingi ng supplemental budget. But I don’t see any reason why it should be limited to two years only if the claim has not been paid, the damage has not been repaired as of yet as we speak even beyond the two year period, kindly look into that sir. One last point Madam Chair, under RA 9483 the Philippine Coast Guard shall investigate moto propio through an undertaking of a complainant any incident deemed for compensation and shall forthwith file the appropriate action with the RTC, has the Coast guard ever done this? In previous sea mishaps, have you ever done this?
PHILIPPINE COAST GUARD (PCG): Good afternoon Sir, during similar cases, the Coast Guard was the one who filed the cases as to the claims affected by the incident. They were all able to claim, even the coast guard as able to claim already for that incident through the IOPC Fund, Sir
CHIZ: In this particular instance, do you intend to do the same as well?
PCG: We will, your Honor, Sir.
CHIZ: And this would be filed in the RTC of Mindoro Oriental?
PCG: Yes Sir. We will ask our legal team where they would file it, Sir.
CHIZ: But that’s what the law says: the area with jurisdiction where the incident occurred.
PCG: Yes, Sir. It would be at the court of jurisdiction, Sir.
CHIZ: Independently the LGU can also file, is that correct?
PCG: Yes, Sir.
CHIZ: So, Governor Bonz, you can file either as a province or individually together with the various municipalities, your claim. But I hope that whatever happens government will have your back because, as chairman Senator Cynthia Villar said, “Malabo man ang insurance sigurado ako kahit maliwanag ‘yun sigurado ako matatagalan ‘yun. At lugmok na sa kahirapan, gutom na at wala ng hanapbuhay at kinakain ang ating mga kababayan sa Mindoro Oriental hindi pa rin darating ang insurance bagaman gusto nila magbayad.” So kinakailangan talaga ang tulong at ambag ng National Government, gayundin ang mga ahensya ng pamahalaan dahil maliwanag, Madam Chair, I’d like to place it on record, walang LGU gaano kayaman kahit Cebu pa ‘yan, kahit Negros Occidental kahit na Cavite, Batangas o Laguna, mayayamang lalawigan sa ating bansa ang kakayanin ang ganitong uri ng problema at sakuna na naganap kung saan apektado ang siyam sa labinlimang munisipyo ng lalawigan ng Mindoro Oriental.
Last point on DENR, Ma’am, what is the DENR doing by way of planning the clean-up? Are you taking the lead in so far as the plans and programs of the clean-up is concerned? O kanya-kanya? Bahala na si Batman?
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR): Thank you very much, Mr, Senator. Yes, the DENR has taken the lead although we do conform to the protocol under the NOSCOP wherein the PCG, the Philippine Coast Guard, is the overall team leader. We have designed our own program and we have also liaised with local government as well as the different bureaus of the department, they will be po in our presentation.
CHIZ: Ma’am, under the law, referring to RA 9275, the clean-up should be undertaken by the guilty party, in this case, the ship-owner. But government cannot sit idly by and can actually do some things under the law as well, the one I mentioned, you can ask that all of your expenses, the expenses of the government be paid by the liable party. I asked this question because are you coming up with a tab as to how much we have spent so far including, Ma’am, ha, not only the clean-up but also what was lost by way of income of those whose properties were affected or even if their properties were not affected by way of lost earnings too. Dahil naapektuhan pa rin sila nung oil spill. Who is keeping tabs on this? Magkano ginagastos ng Coast Guard? Magkano ginagastos ng MARINA? Magkano ginagastos ng DENR? Magkano ginagastos ng LGU? DSWD? Who’s keeping tabs, Ma’am? Is it DENR?
DENR: DENR is keeping tabs of its own account, Sir, because we technically fall under the protocol that has been provided by the Coast Guard. But we are keeping tabs as Governor Bonz knows we have been closely coordinating with the LGU on this. As far as the DENR po, we have done three things if I may just jump towards our presentation, we have done our disaster forensic, Sir, together with the UPMIS. We are now looking at remediation costs and we are also looking at the valuation for the lost ecosystem services because of the impact assessment that continues to be ongoing because the spill continues. So, we are doing the economic valuation based on methodologies that we have at the department but we are also keeping tabs, Sir, just to reassure you of what we have spent so far.
CHIZ: This is the first time I am hearing something like this because I am sure if I ask Gov. Bonz, “Gov., how much have you spent so far?” What you’ll tell me, most likely is, how much you have appropriated by way of relief and clean-up but you cannot put a monetary value in so far as mobilizing the people of the provinces and municipalities and barangays are concerned. Would that be correct?
GOVERNOR HUMERLITO DOLOR (HD): Correct, Senator.
CHIZ: May I ask the Coast Guard? Ilang barko pinadala ninyo para maglinis? Sa containment and clean-up?
PCG: We deployed one helicopter, a Cessna plane, and seven vessels, Sir.
CHIZ: How many trips, Sir? What is the cost of gasoline? And what is the man hours cost as well? And paano ‘yung wear and tear ng helicopter and Cessna, do you have a way of computing?
PCG: We will be submitting the computation, Sir.
CHIZ: But do you have an SOP?
PCG: Yes, Sir.
CHIZ: You do? Kindly submit that as you go along, for us to have a basis for the claims that will be made. May I give the same advice to the local government unit both the province and the municipalities for us to have a basis to file a claim before the funds available to us under existing laws, treaties, and conventions? That would be all, Madam Chairman. And I’d like to thank our invited guests and resource persons as well as the family of the shipowner for answering our questions.