Charges mulled vs power barge owner

By Joseph B.A. Marzan

 

Several charges are now being considered against Ayala-owned AC Energy Philippines in the aftermath of the explosion in Power Barge 102 in Lapuz district which caused an oil spill on July 3, 2020, Iloilo City Mayor Jerry Treñas announced Thursday.

In a press conference, Treñas said the city may pursue criminal action based on Article No. 365 of the Revised Penal Code, in relation to Section 7(c)(1) of Republic Act No. 9514 (Fire Code of the Philippines), and Section 40 of the Iloilo City Basic Fishery Ordinance.

The planned charges are still being reviewed by the City Legal Office.

“No spill booms were installed. We have a power barge but there are no spill booms surrounding it to ensure no bunker fuel would be spilling over. Second is failure to install adequate and sufficient fire safety measures. They are using acetylene torches to open rusted compartments. This shows that there is no diligence used by the company,” Treñas said.

Civil and administrative liabilities are also being considered based on Republic Act No. 9275 (Clean Water Act) and Article No. 2176 of the Civil Code of the Philippines, according to the mayor.

“Our fisherfolks, the mangroves that the city government planted, and protected areas under the Environmental Code are all affected,” the mayor said.

Other possible charges are still being reviewed by the City Legal Office.

Treñas also expressed his displeasure with the conditions in the evacuation sites, saying that the company should be liable for damages and other effects of the explosion and the oil spill.

The affected families are in five evacuation sites: Bo. Obrero Elementary School, Bo. Obrero High School, the Technical Institute of Iloilo City, the Zone 1 Gym in Barrio Obrero, and the Jalandoni Memorial Elementary School.

He made a surprise visit to the evacuation centers on Thursday morning.

“I am not very happy with our evacuation sites. I expected more from [AC Energy] because they caused this. I did not like the situation where you had evacuees who are senior citizens placed with other sectors of the society. People are sleeping on the floors, senior citizens are with the children, and food distribution is often delayed because the kitchen facilities were not prepared. All these events are not obligations of the city government, but of the company. I am utterly disappointed with what they had prepared. They promised me they will take care of all the evacuees and yet they weren’t prepared,” the mayor said.

Treñas said AC Energy will also be responsible for compensating evacuees and affected fisherfolk.

“With regard to the compensation, there is a computation. Whatever will be required of them, they should pay. Our people have been deprived of their livelihood because they couldn’t fish, and at the same time we transferred them to evacuation centers. They have to be compensated for whatever they’re feeling right now,” he said.

The mayor said that the city government will still coordinate with AC Energy on other matters.

“This is only an initial review. We are ready. We will sit down with them. We are very reasonable, but with what I’ve seen this morning, I’m not very happy with what I saw,” he said.

Data from the Iloilo City Social Welfare and Development Office has indicated that as of July 9, a total of 336 families and 1240 individuals are affected by the incident.

 

RESPONSE

AC Energy plant operations head Gabby Mejia spoke to Daily Guardian to address the mayor’s statements.

As regards the lack of a spill boom, Mejia said that Power Barge 102 did have a spill boom and would not be able to operate if it did not have one.

He also wondered how the Bureau of Fire Protection (BFP) concluded the use of acetylene torches in the barge during maintenance works when the investigation had not yet concluded.

“There is a lot of misinformation coming out today. [The barge] has a spill boom. We cannot operate without that. The [Maritime Industry Authority], the [Department of Energy], the [Environmental Management Bureau], and the [Philippine Coast Guard] will not allow us to operate without a spill boom. How did the BFP know [the use of acetylene torches] if we were not yet done with the investigation? Let’s wait for the investigation to finish,” Mejia said.

He also addressed concerns on evacuation centers, saying that he had already approved necessities requested, and spoke to the mayor after the visit to apologize.

“Last Tuesday, I approved all of the necessities in front of the chiefs of Barangays Loboc, Mansaya, and Bo. Obrero. I already asked to buy everything, it just hadn’t arrived on time because sourcing is difficult due to COVID-19. We’re still looking for suppliers of folding beds and electric fans. In Iloilo City alone, they have difficulty sourcing so it will take time. I agree with the mayor, that if I were him, I would be angry with the slow pace too. We’re doing the best, and I apologized to the mayor that it had happened,” he said.

Daily Guardian also learned that the evacuees will be billeted in hotels in Iloilo City.

The firm rented 89 rooms in Diversion 21 and District 21 hotels and 148 rooms in Zuri Hotel.

One family will be accommodated in every room for at least five days or until the cleanup is completed. The Iloilo City government will provide the food. The energy firm is still looking for more rooms as it needs 256 rooms to accommodate all evacuees.

Mejia said that AC Energy will follow the rule of law if there are any charges but added that determinations by government agencies should be finished before any legal action.

“Whether we have civil, criminal, and administrative charges, yes, maybe there are, but let the law determine that. If the law says there is, then there is. If the law says there is none, then there is none. We don’t have a problem if that’s the case. Let’s not precede government agencies to really determine with finality with what the penalties are. What is it and how much, that’s the one that we do not know now,” he said.

 

DOLE PROBE

Meanwhile, the Department of Labor and Employment (DOLE) Region 6 started its own investigation into the barge explosion and oil spill incident in Iloilo City.

Relative to the Department’s mandate to implement Republic Act No. 11058 (New OSH Law) and Department Order No. 198-18 (Implementing Rules and Regulations of Republic Act No. 11058), DOLE 6 initiated its own investigation of the incident, focusing on occupational safety and health.

DOLE 6 Regional Director Cyril L. Ticao led a group of Technical Safety Inspectors on July 6, 2020, in inspecting the vicinity of the AC Energy Philippines-owned power barge.

Ticao said DOLE’s investigation centers on the occupational safety and health policies implemented by the company including but not limited to provision of personal protection equipment (PPE) to its employees, technical capacity of employees considering the nature of their work and if there is any OSH violation which resulted to the oil spill incident.

When asked about the result of the investigation, Ticao said that it is premature to release any findings as the investigation is still ongoing.

He added that two engineers have been assigned to closely coordinate with the company and investigate the incident.

Meanwhile, DOLE is also looking into complaints of lack of PPEs of personnel who were employed to contain the oil spill.

“We strongly expect that the barge owner cooperate with DOLE 6 as we conduct the investigation. We also recommend that they implement appropriate occupational safety policies, especially in measures to prevent the further spread of the oil spill,” Ticao said.