Two weeks ago in this space, we wrote about the Oriental Mindoro oil spill and now it appears that nothing has happened aside from reports of the oil spreading toward Batangas and Palawan. More and more people are being affected by the oil spill as the days pass by, and it seems there is no sense of extreme urgency from the authorities. The arrival of Japanese and American aid, as well as the visit of Justice Secretary Crispin Remulla to Pola, Oriental Mindoro, is comforting. But all these will be reduced to mere theatrics if the oil spill is not contained.
It is tragic for an archipelagic country composed of over 7,100 islands to be ill-equipped for such a disaster. We appear to be helpless in containing an oil spill, something that has happened before, most notably in Guimaras in 2006. While Guimaras was said to have recovered from the oil spill by 2019, the life-changing effects on the local folks cannot be quantified. Now, in Oriental Mindoro, we have a similar case, albeit on a smaller scale, but still of utmost significance.
Just as in Guimaras, San Miguel Corporation is in the picture as one of the parties involved. It is common for a huge conglomerate to be involved in big businesses that would require the shipment of oil.
There was a report that the oil was to be used in infrastructure development. Considering the influence of the corporate entities involved, the public must keep a close watch on the propriety and whether individuals would be made liable.
As for reports on the lack of permits and a certificate of public convenience, the Philippine Coast Guard and Maritime Industry Authority appear to be at odds with each other. Regardless, these remain afterthoughts that would never have been raised had there been no oil spill, to begin with. The government entities must instead work closely together to contain its spread and to prevent similar incidents from happening again.
President Bongbong Marcos Jr. has spoken on this, saying there is no need to come up with a task force on the Mindoro oil spill. This contrasts with what former President Gloria Macapagal-Arroyo did in 2006 when she immediately constituted Task Force Guimaras to oversee the cleanup and retrieval of 1.5 million liters of fuel oil. With precision, President Marcos Jr. said the PCG shall oversee the entire operation.
A lingering question is whether insurance companies will be made to pay the claims of the insured shipowner. The issue here is whether the ship was allowed to sail on the condition it was seaworthy, meaning it had full and complete authority to do so. As has been reported, there may be problems with the documentation of the ship that the insurers may validly raise to refuse to pay any claims. Should this happen, the shipowners themselves, RDC Reield Marine Services, must be made liable for the damages and injuries caused to the affected local townsfolk and the environment.
Several concerned environmental lawyers have already issued their solidary statement, which is usually a precursor to a Supreme Court case. These lawyers, who include Tony La Viña, Chel Diokno, among others, are no pushovers. Couple this with Secretary Remulla’s warning that a writ of kalikasan is being prepared by the DoJ, and the companies and individuals involved must lawyer up in what could be a landmark case in the making.
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