Sen. Raffy Tulfo on Thursday called for the filing of criminal cases against the owners of Aleson Shipping Lines following the sinking of M/V Trisha Kerstin 3 in Basilan waters, which left more than 50 people dead.
During a Senate committee hearing, Tulfo said a case for reckless imprudence resulting in multiple homicide should be filed, particularly against the vessel’s owners.
"File a criminal case against Aleson, especially the owners. The owners are the ones responsible for the negligence here," Tulfo said in Filipino.
"They knew their ship was already dilapidated, yet they still allowed it to sail. They knew it should have been retired because it was already 31 years old, yet they still deployed it."
His remarks came after Transportation Assistant Secretary Manuel Cabochan III reported that the Department of Transportation (DoTr) would file administrative cases against a Maritime Industry Authority (MARINA) regional director and seven technical personnel for neglect of duty.
Administrative complaints will also be filed against nine Philippine Coast Guard (PCG) personnel, including the station commander under the principle of command responsibility and five members of the boarding team. All are now under preventive suspension, Cabochan said.
Initial findings showed that the vessel exceeded its authorized passenger capacity. The DoTr said the ferry was allowed to carry 352 passengers and 24 to 27 crew members.
As of Wednesday, authorities recorded 293 survivors, 52 recovered bodies and 24 individuals still missing.
Cabochan noted inconsistencies in the passenger manifest, saying some survivors and fatalities were not listed.
“There are inconsistencies in the passenger manifest based on the number of survivors and bodies recovered. Some of them were not on the passenger manifest. Our finding is that they exceeded the passenger capacity,” he said.
The DoTr also found that the vessel was carrying excessive cargo.
“Cargo overloading may have caused lashing problems. We believe the lashings broke, leading to possible shifting of rolling cargo. This caused problems with the vessel’s stability,” Cabochan said.
He added that safety violations were also noted during pre-departure inspections.
Tulfo questioned the seaworthiness of the 31-year-old steel-hulled vessel.
“Steel-hulled vessels like that should be retired after 30 years. It exceeded that by one year. Include that in your findings,” he said, stressing that he would not allow the case to end with administrative sanctions alone.
Cabochan responded that the administrative cases are only the initial step.
The PCG said the vessel was originally constructed in Japan in 1995 and was then known as MV Camellia 2, with a passenger capacity of only 150.
According to the PCG, parts of the vessel were modified after being imported to the Philippines in June 2010. The bridge, originally intended for crew use, was converted to accommodate passengers, and the second deck was also altered to increase capacity.
From its original 150-passenger registration in Japan, the vessel was reclassified and registered locally with a maximum capacity of 352 passengers.
Asked whether modifications required prior approval, MARINA officials said the vessel underwent the necessary process.