ILOILO CITY - The province of Guimaras will appeal the decision of the Guimaras Provincial Prosecutor's Office junking the criminal complaint against officials of Petron Corp. and the owner of the sunken tanker Solar I.

Guimaras provincial legal officer Plaridel Nava II said they will file a motion for reconsideration tomorrow. Nava said they that while they agree with the resolution that the sinking of the tanker and the oil were unintentional, they will point out that Petron and the owner of the tanker are still criminally liable for reckless imprudence.

He pointed out that the MT Solar I was already not seaworthy on Aug. 11, 2006 when it sailed and eventually sank 13.3 miles southwest of Guimaras Island.

Nueva Valencia Mayor Diosdado Gonzaga said in a telephone interview said they will press the complaint because of the damage resulting from the oil spill.

Provincial Prosecutor Luzermindo Calmorin issued a 17-page resolution on March 2 dismissing the complaint related to the worst oil spill in the country's history.

"In fine, while it appears that the oil spill has indeed caused damage to the affected communities and fisherfolk in the municipality of Nueva Valencia, it does not follow that there is criminal liability involved," said Calmorin in his resolution. +

+++Calmorin dismissed the complaint filed by on Sept. 13 by Gonzaga in behalf of his constituents. The town is the hardest hit by the oil spill among the five municipalities of Guimaras.

The respondents included Petron president Khalid Al-Faddagh and Nicasio Alcantara (chairman and chief executive officer), Felimon Antiporta (vice president for operations) and Carlos Tan (health safety and environment officer and company spokesperson).

Also named respondent was Clemente Cancio, president of the Sunshine Maritime Development Corp., owners of Solar I which sank 13.3 nautical miles off Guimaras on Aug. 11.

Tan said the resolution is "a welcome development."

"Nobody wanted the incident to happen and we should not be faulted for this," said Tan in a telephone interview.

In his complaint, Gonzaga had accused the respondents of violating Republic Act 9275 (Clean Water Act of 2004), Republic Act 8749 (Clean Air Act of 1999) and Republic Act 9003 (Ecological Solid Waste Management Act of 2000).

He said the oil spill caused massive destruction and damaged the province's rich marine resources and severely affected their tourism industry and economy. He also said that fumes coming from the oil sludge caused ailments among the residents and polluted communities.

Gonzaga also accused the respondents of being responsible for the unauthorized dumping of contaminated debris in San Antonio village and the alleged spraying of unauthorized chemicals along the shoreline of Barangay Guiwanon.

But in his resolution, Calmorin said the respondents could not be held liable of violating the Clean Air Act because the law applies to "intentional or deliberate acts." "There is nothing on record, not even an allegation by the complainant, that the respondents intentionally sank the MT Solar I and spilled, leaked, dumped or discharged its bunker fuel cargo," Calmorin said in his resolution.

He said the respondents could also not be made to pay fines and damages because "none of the acts, which would constitute a gross violation of the law, has been alleged or substantiated." The prosecutor also cleared the respondents of any violations of the Solid Waste Management Act.

He said the law was not applicable to bunker fuel cargo of the sunken tanker. "In fact, it was not intended to be discarded but was shipped precisely to be used as a fuel in Zamboanga. It cannot be therefore, considered as waste or discarded material."

Calmorin also dismissed the complainant's allegation that Petron personnel dumped contaminated debris in San Antonio village and sprayed of chemicals in the shoreline without authorization.

He said the evidence showed that there was no intention to permanently dump debris in the village and was only used as a trans-shipment point. The resolution said the complainant failed to establish that the materials sprayed by Petron-hired personnel were prohibited and unauthorized.*NPB

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