Metro Manila, Philippines – The Department of Transportation (DOTr) will file an administrative case against the shipowner and operator of MV Trisha Kerstin 3, as initial investigation pointed to overloading in the tragedy that has so far claimed 52 lives.
In a news conference on Wednesday, Feb. 11, acting Transportation Secretary Giovanni Lopez said he ordered the Maritime Industry Authority (MARINA) to file an administrative case against Aleson Shipping Lines Inc. to determine whether its permit should be revoked. Criminal charges will also be studied.
Aleson’s entire fleet has been grounded since Jan. 27.
“Kasama din dito ang pagsasampa ng kasong administratibo laban sa mga tripulante ng MV Trisha Kerstin 3 at pinasuspinde natin ang kanilang seaman’s identification document,” Lopez said as authorities wrapped up a 15-day maritime investigation.
[Translation: Included in the order is the filing of an administrative case against the seafarers of the MV Trisha Kerstin 3. We have suspended their seaman’s identification document.]
The acting DOTr chief also said the agency has placed under preventive suspension six personnel from the Philippine Coast Guard (PCG) and eight others from MARINA. Administrative charges will be filed, he said.
Among them was the PCG Zamboanga station commander and the MARINA Zamboanga regional director.
“This is an interim, partial report, but given the circumstances, naniniwala kami na meron kaming sapat na basehan [we believe we have enough basis] to give sanctions not only to the ship owner but also to the MARINA and PCG personnel,” Lopez said.
“At kung lumabas sa pagdinig ng administrative cases nila na meron silang matinding kapabayaan sa kanilang tungkulin, we will not hesitate also to file criminal cases against them for possible violations of, I think RA (Republic Act) 3019, ‘yong sinasabi natin na Anti-Graft and Corrupt Practices Act,” he said.
[Translation: If the hearings in the administrative cases revealed they have gross negligence on their duties, we will not hesitate also to file criminal cases against them for possible violations of RA 3019.]
Overloading
Lopez said the interim, partial report from the PCG and MARINA showed overloading and overcapacity as possible causes of the vessel sinking off Baluk-Baluk Island in Basilan in the early hours of Jan. 26.
He said initial investigation showed the rolling cargoes, like trucks and motorcycles, did not pass the weighing station at the Zamboanga port.
“Wala tayong actual weight, ang meron lang tayo informal estimation,” he told reporters.
[Translation: We don’t have a record of the actual weight, only an informal estimation.]
He also flagged the “inconsistencies” in the number of passengers based on the manifest compared with the number of survivors and recovered cadavers.
The PCG initially disclosed that the manifest had 332 passengers and 27 crew members before leaving Zamboanga on the evening of Jan. 25 bound for Jolo, Sulu. The authorized passenger capacity was 352.
The agency then reported that some passengers backed out, while relatives also said some of the missing were not in the manifest.
On Wednesday, PCG divers recovered another body from the wreck site, bringing the death toll to 52. A total of 316 people survived the mishap.
‘Safety deficiencies’
Initial investigation also showed the MV Trisha Kerstin 3 secured a safety certificate despite safety deficiencies in its passenger capacity certification, drydock/repair compliance, and seaworthiness certification.
Lopez said he ordered the suspension of the accreditation of the third-party classification society that assessed the vessel and still recommended the issuance of the safety certificate.
He also said the initial report indicated the vessel had supposed safety violations during pre-departure inspection but still received a go-signal to sail.
Aleson has yet to respond to the development. It previously said it is in close coordination with authorities in the investigation.
In March 2023, another Aleson vessel, MV Lady Mary Joy 3, caught fire also off Baluk-Baluk that killed at least 30 people.
