PCG files estafa raps vs. M/B Aya Express owner, association after Binangonan tragedy

The Philippine Coast Guard (PCG) has filed a complaint for syndicated estafa against the owner of M/B Aya Express and several others after the boat capsized last July 27 and left 27 people dead.

On Thursday, PCG spokesperson Rear Admiral Armand Balilo said a syndicated estafa complaint was filed against the owner, boat captain, and members of the Talim Island Motorboat and Patrons Association (TIPMOPA).

Balilo said the complaint was based on possible “fraud” and “misrepresentation.” 

He added that the complaint was filed with the Office of the Provincial Prosecutor in Taytay, Rizal on Wednesday.

GMA News Online has sought comments from boat owner Rufino Antonil and TIPMOPA president Jerome Mendoza about the matter. They have yet to provide their statements as of posting time.

Tragedy

On July 27, the M/B Aya Express capsized in Laguna Lake near Binangonan, Rizal. A survivor, John Christian Dorada, earlier said strong winds panicked the passengers who then moved to the left side of the vessel causing the vessel to tilt and capsize.

"Doon po banda, ano pa, parang talagang hangin lang. Tapos noong bandang ano rito, biglang ano talaga, biglang ulan. Tapos hangin... Tapos po, biglang may narinig ako, biglang nagsisigaw, sigawan na. Tapos po, iyon, nagulat ako, biglang tumaob kami," Dorado recalled.

The PCG said the death toll from the incident was 27, while 40 survived.

Earlier, the captain was reported to have maintained that he was not aware that the boat was overloaded.

“Iyong captain naman kasi obviously in-admit niya naman iyong mga pagkakamali; nag-submit ng manifest pero pagkatapos noon nagpasakay pa, tapos in-admit din na hindi sila nagpapa-life vest. So, titingnan natin,” Balilo said.

(The captain obviously admitted the mistake. He already submitted the manifest but after that more passengers got on the boat. He also admitted that they don’t provide life vests.)

An initial investigation showed the boat left the Port of Binangonan on July 27 and was en route to Talim Island when it was hit by strong winds 45 meters from land.

"Sana po mapatawad po nila ako sa trahedya po na nangyari, hindi ko naman po ginusto 'yun. Sana po mapatawad nila ako," said M/B Aya Express boat captain Donald Añain in a previous interview.

(I hope they can forgive me for this tragedy; I did not want it to happen. I hope they will forgive me.)

Añain also said that it was a sudden tide that caused the boat to capsize.

"Bigla po may sigwada ng hangin, unos po kung tawagin, hindi ko na po mapigilan yung pagtagilid ng bangka," explained Añain.

(There was a sudden strong breeze, I could not stop the boat from tipping over.)

The M/B Aya Express was allowed to sail since the storm signals due to Typhoon Egay had been lifted.

MARINA had suspended the Passenger Ship Safety Certificate (PSSC) of M/B Aya Express “effective immediately until further notice" after the incident.

Senate probe

A Senate investigation is also being planned into the tragic capsizing of a passenger ferry.

Senator Raffy Tulfo said he drafted a Senate resolution to ensure that the Philippine Coast Guard (PCG) and Maritime Industry Authority (MARINA), “along with its officers are held accountable in the name of command responsibility whenever a ship or a boat sinks due to negligence.”

Senator Jinggoy Estrada, in a separate statement, said that “we must hold those responsible accountable for their actions or inactions that may have contributed to this tragedy.”

“There must be full transparency in their conduct of comprehensive and impartial inquiry into the incident,” Estrada said.

Balilo earlier said the agency has relieved its personnel at the Binangonan substation following the incident. —VAL/RSJ, GMA Integrated News