Solons seek probe of MARINAs failure to collect oil pollution fund from

oil tankers despite oil spill incidents

Two lawmakers are calling on the House Committees on Good Government and
Accountability, and Transportation to jointly probe the failure of the Maritime ndustry
Authority !MA"#A$ to comply with its mandate to collect and administer the %il
&ollution Compensation 'und from oil tankers despite the increase of oil spill incidents in
the country(
The in)uiry was sought by *ayan Muna "eps( #eri Colmenares and Carlos sagani
+arate through House "esolution ,,-., which states MA"#A is mandated under
"epublic Act -/.0, otherwise known as the 1%il &ollution Compensation Act,2 to collect
from oil tankers ,3 centavos per liter of their cargo as seed money to an oil pollution fund(
"epublic Act -/.0 adopts and implements the provisions of the ,--4 nternational
Convention on Civil 5iability for %il &ollution 6amage and the ,--4 nternational
Convention on the 7stablishment of an nternational 'und for Compensations for %il
&ollution 6amage( Crafting of "A -/.0 was prompted by the 4338 Guimaras oil spill
incident, according to the lawmakers(
Colmenares said 9ection 44 of "A -/.0 provides that MA"#A is mandated to
collect from oil tankers ,3 centavos per liter of their cargo as seed money to an %il
&ollution Management 'und !%&M'$ to be administered by the agency(
16espite the increase of oil spill incidents since the 4338 Guimaras 6isaster,
particularly the massive oil spill that has swathed the town of 7stancia in loilo, MA"#A
has yet to formulate the mplementing "ules and "egulations !""$ for the %&M' under
9ection 44 of "A -/.0 seven years after the law became effective,2 said Colmenares(
Colmenares said MA"#A should also have compromised a lesser amount of
contribution from oil shippers to ensure there would be a fund to clean up the oil spill and
provide relief and compensation for its victims(
1There should have been a compromise on the amount despite the disagreement
between MA"#A and the oil shippers on the minimum and ma:imum value of
contributions and how long they would contribute to continue the fund since oil shippers
contend the ,3;centavo per liter contribution is high,2 said Colmenares(
<nder the law, the %&M' shall be used, one, for the immediate removal and clean
up operations of the &hilippine Coast Guard !&CG$ in all oil pollution cases, according to
Colmenares(
NR # 3542C
JULY 29, 2014
9econdly, he said the %&M' shall fund research, enforcement and monitoring
activities of relevant agencies such as the MA"#A and the &hilippine &orts Authority
!&&A$, and other ports authority of the 6epartment of Transportation and Communications
!6%TC$, 7nvironmental Management *ureau !7M*$ of the 6epartment of 7nvironment
and #atural "esources !67#"$ and the 6epartment of 7nergy !6%7$(
Colmenares said -3 percent of the %&M' shall be maintained annually for the
activities set forth under containment and clean;up activities, and that any amounts
specifically appropriated for the %&M' under the General Appropriations Act !GAA$ shall
be used e:clusively for such activities(
+arate said that under 9ection 44 of "A -/.0, the %&M' shall be constituted from
contributions of owners and operators of tankers and barges hauling oil or petroleum
products in the country=s waterways and cost wise shipping routes( 6uring its first year of
e:istence, the %&M' shall be constituted by an impost of ,3 centavos per liter for every
delivery or transshipment of oil made by tanker barges and tanker haulers, he e:plained(
'or the succeeding fiscal years, +arate said the amount of contribution shall be
jointly determined by MA"#A, other concerned government agencies, and
representatives from the owners of tankers, barges, tankers haulers, and ship hauling oil or
petroleum products( n determining the amount of contribution, he said the purposes for
which the fund was set up shall always be considered(
+arate said the %&M' shall also be constituted from fines imposed pursuant to "A
-/.0, grants, donations, endowments from various sources, domestic or foreign, and
amounts specifically appropriated for %&M' under the annual GAA( !03$ rbb