Palau demands RP ship $88K in reef damages
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by Jowie C. Aquino, Horizon News Staff Palau Horizon, April 27-May 3, 2001, pp. 1, 14 |
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"The Palau government
is asking $88,000 for the damages of coral reef caused by a Philippine fishing
vessel that had ran aground on the Helens Reef of Hatohobei State on Tuesday,
last week.
However, the eight-man crew only managed to dock Palau port after four days
of struggling to be free from the reef.
A three-page complaint for damages filed by Palau against the ship owner and
his staff, stated that the government wants to compel the defendants to pay
the amount for damaging Palau's coral reef.
The defendants were identified as Candalerio B. Damalerio, president of DFC
Tuna Venture Corporation, which owns the distressed L/B Juan Paolo 15, and Jerry
C. Demalerio, DFC Operations Manager.
Of the said amount $45,000 will go to restoration costs, $25,000 for the reef
damages while $8,000 will go to the salary of the patrol boat crew and two consultants
from the Environmental Quality Protection Board.
The remaining $10,000 has been set aside for food and fuel of the boat rescuers.
According to the complaint, the Philippine Embassy, on behalf of DFC, sought
the assistance of the Palau agencies to rescue L/B Juan Paolo 15 because it
ran aground on Helens Reef.
The AGO said that nobody from DFC asked permission to pass through Palau's territorial
waters. Five hours after the government got hold of the message of Philippine
Ambassador Leoncio Parungao seeking to assist the vessel, the PSS Remeliik was
dispatched to the Helens Reef.
The rescue operation was discussed with Parungao at the President's Office where
they resolved to advise the ship owner to pay $10,000 for the operation.
Upon arrival at the site, the patrol boat rescuers, along with EQPB consultants
assessed the damage and estimated $78,000 for the damages.
The owner reportedly agreed to pay $10,000 to cover the rescue mission.
Parungao said the vessel was supposed to fish into Indonesian waters but got
stuck on the reef.
PSS Remeliik Capt. Ian Tervet said there was a three-feet bent on the hull of
the ship and the keel was broken by one-fourth when it crashed through the reef.
The Philippine Embassy asked the permission of the Republic to allow the entry
of two vessels to assist the distressed ship.
The first vessel, Juan Paolo 14 came but was not able to fully help its sister-ship
because it also suffered from engine problems which prompted the Philippine
Embassy to request for another permit to allow Saranggani vessel to assist the
troubled ship.
Justice Minister Michael Rosenthal, for his part, said the Republic, upon a
Court order, is holding the vessel as collateral until such time that the ship
owner fully pays for the damages.
"Palau will aggressively protect its reef which is its most valuable asset,"
Rosenthal said.
In the absence of President Remengesau, Vice President Sandra Pierantozzi said
the damage caused by the vessel is beyond repair. "Helens Reef is pristine
and unique. Its value has been well documented. The problems caused to the ecosystem
from the toxic paint on the hull of the boat and damage to corals will be present
for many, many years. The damage is truly irreparable in our lifetime,"
Pierantozzi said in a letter to the Philippine Embassy.
The vice-president suggested two options to the Philippine Embassy to settle
the problem without criminal or civil sanctions: pay $250,000 bond or pay the
$88,000 in damages.
"We present this option in good faith to avoid the costs inherent for both
our country and DFC, should this matter be litigated," Pierantozzi added.
Further, she informed the Philippine Embassy that additional charges would be
added to the $88,000 damages if oil spill takes place after the removal of the
ship from the reef.
Palau, however, is not holding the eight crew as prisoners. The government immediately
ordered the issuance of permits to the staff so they could freely stay on the
island.
The Philippine Embassy is working on the travel documents of the six Filipino
crewmen: Jaime Cuaton, Silverio Esic, Benjamin Limbang, Raul Busa, Noel Estanero
and Antonio Gazo.
As soon as the travel papers are processed, the crewmen will be allowed to leave
Palau. The fate of the two Indonesian staff, however, depends on their embassy."