‘CRIMINAL NEGLIGENCE’: Treñas mulls charges vs power barge owner

Photos by Arnold Almacen/CMO, AC Energy

ILOILO City – The city government mulls filing a string of charges such as criminal negligence against AC Energy Corp., owner of the power barge that spilled thousands of liters of bunker oil into this city’s waters following an explosion on July 3.

Mayor Jerry Treñas also lamented the condition of displaced people in evacuation centers. Physical distancing was not being observed and food rations were not delivered on time, he said.

Last night, however, AC Energy started transferring the evacuees to three hotels along the Sen. Benigno Aquino Jr. Avenue in Mandurriao district to address the mayor’s concerns, according to Barangay Councilman James Conlu of Barangay Bo. Obrero, Lapuz district.

“I am utterly disappointed sa ginpreparar sang ila company. They promised me they would take care all the evacuees, and yet indi preparado ang gin-obra nila,” said Treñas who checked the evacuees yesterday in Barangay Bo. Obrero.

The City Disaster Risk Reduction and Management Office counted a total of 336 displaced families (1,240 individuals). They were initially moved to five evacuation centers – Jalandoni Estate Evacuation Center, Bo. Obrero gym, Technical Institute of Iloilo City – Bo. Obrero Campus, and Bo. Obrero elementary and high schools.

Last night, some of them started transferring to District 21, Diversion 21 and Zuri Hotel. AC Energy announced it would shoulder their accommodation there for five days – with possible extension if necessary – and their meals. Councilman Conlu, however, said some evacuees expressed disinterest, pointing out that the hotels were far from their houses that they wanted to check all the time.

Treñas earlier observed that, “Ang mga senior citizens ara upod sa iban nga sectors. We should not forget that we are under a coronavirus pandemic. We have to observe all health standards.”

Senior citizens are considered most vulnerable to the coronavirus disease 2019. Aside from observing physical distancing, people are required to wear facemask  and wash hands with soap and water.

Treñas reminded AC Energy to take responsibility for the oil spill and its adverse effects on coastal communities.

“Ang natabo indi obligasyon sang syudad, obligasyon ini sang company,” he stressed.

The mayor ordered the City Legal Office to study what possible charges to file against AC Energy.

“Indi gid ‘ko ‘ya satisfied,” said Treñas.

One possible complaint could be criminal negligence under Article 365 of the Revised Penal Code, said the mayor, a lawyer.

Initial information reaching him, according to Treñas, was that AC Energy had no standby oil spill booms cordoning the waters around its power barge in case of an oil spill.

It also appeared, he added, that the power barge had no adequate fire safety measures required by Section 7 of the Fire Code of the Philippines.

Treñas also questioned the power barge workers’ use of acetylene torches while working on a rusty compartment of the barge.

It is being suspected that this caused t he explosion.

“Ini nagapakita nga wala sang diligence nga gin-usar,” said Treñas.

The mayor said AC Energy may also have civil and administrative liabilities under the Clean Water Act of 2004 (Republic Act 9275).

“Bayran nila mga pumoluyo deprived of livelihood, dapat ma-compensate ang ila ginabatyag,” he said.

The Oil Pollution Compensation Law of 2007 (Republic Act 9483) imposes strict liability for oil pollution damage and guarantees adequate reparation for adversely affected populations, especially those that depend on fishing and seashell harvesting.

Under the law, owners of vessels that “cause pollution damage or create a grave and imminent threat of causing such damage,” are liable for:

* expenses incurred in cleanup operations at sea or on shore

* costs incurred for preventive measures and further loss or damage caused by such preventive measures

* consequential loss or loss of earnings suffered by owners or users of property contaminated or damaged as a direct result of the spill

* pure economic loss or loss of earnings sustained by people, even if the property tainted or spoiled by the slick does not belong to them

* damage to human health or loss of life as a direct result of the incident

* environmental damage and other reasonable measures of restoration

In a statement, AC Energy said close to 200 volunteers have signed up to aid in the cleanup operations of the affected coastal areas.

Fishermen were employed to assist in the oil recovery, while community workers continued the cleanup work along the shores.

Volunteers built improvised booms fashioned out of nets and rice hulls.

“We remain committed to exerting all means to clear the oil spill as soon as possible, and support the affected communities,” according to AC Energy./PN

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