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12

2 background background HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

The country is endowed with rich natural resources, one of which is water, which tourism uses

for contribution to the country’s economic development. Water resources of the Philippines in-

clude inland freshwater (rivers, lakes, and groundwater), and marine (bay, coastal, and oceanic

waters).

As the country’s freshwater resources receive a fair share of horrific treatment from the people

which consume it, so as the marine resources which serve as both reservoir for water consump-

tion and orifice for receiving wastewater. This is cyclical and can be treated for the benefit of

mankind and the environment, still assuming that the ratio between pure water and wastewater

in water is relatively high. But if oil participates in the treatment, in considerably high amounts,

this is of another issue.

Considered as a form of pollution, an oil spill is the release of liquid petroleum hydrocarbon in

the environment, due to human activity. It generally describes marine oil spills, where oil is re-

leased into the ocean or coastal waters. Oil spills are usually due to releases of crude oil from

tankers, offshore platforms, drilling rigs and wells, as well as spills of refined petroleum prod-

ucts and their by-products, heavier fuels used by large ships such as bunker fuel, or the spill of

any oily refuse or waste oil. Another significant route by which oil enters the marine environ-

ment is through natural oil seeps.

The country had experienced an oil spill last August 11, 2006 when the oil tanker M/T Solar 1,

carrying more than two million liters of bunker fuel, sank at the Guimaras Strait off the coast of

the Guimaras and Negros Occidental provinces. This was the country’s worst oil spill ever to

date. It has been said that the recent oil spill has adversely affected marine sanctuaries and man-

grove reserves in three out of five municipalities in Guimaras Island and has reached the shores

of Iloilo and Negros Occidental. The oil spill took place in the Visayan Sea which is considered

a rich fishing ground that supplies most of the fisheries demand for the entire country. The tank-

er left Limay town in Bataan on August 9 on the way to Sangali town in Zamboanga del Sur,

southern Philippines. It was contracted by Petron to ship two million liters of bunker fuel to the

Western Mindanao Power Corporation.

The teeming seas gave a fisherman’s family a

daily livelihood of PhP600 ($11.88) until the oil

crept into their coastal village and changed their

lives overnight. "“Where do we go from here?,"

the father cried.

3

The Guimaras Strait is one of the most productive fishing grounds in the country, as well as a

popular tourist destination. It is home to pristine white sand beaches, several marine sanctuaries

and unspoiled coral reefs and mangrove forests. World Wildlife Fund (WWF) has been working

in the Guimaras Strait area for several years to promote sustainable coastal management. In

2004, WWF-Philippines facilitated the completion of participatory coastal resources assess-

ments covering a 54km coastline and 37,187ha of municipal waters in the four towns of the

Northern Guimaras Strait, as well as developed a program for the sustainable management of

the Strait’s blue crab fishery (Ingles, 2006).

Previously in December 2005, a power barge ran stranded on the nearby coast of Antique,

dumping 364,000 liters of bunker oil. This oil spill severely polluted 40km of Antique’s coast-

line and decimated more than 230ha of pristine mangrove forest. Rehabilitation costs are esti-

mated at US$ 2 million, and clean-up efforts have not yet been completed when another oil spill

had occurred. Then just months after, Guimaras experiences another oil spill.

Communities around the world are suffering because of the world`s growing need for petrole-

um. However, waterways and coastlines are being contaminated by oil spills while fragile eco-

systems are threatened by new oil development.

This leaves us the question on who is responsible for this oil spills. Hundreds of families, liveli-

hood, even the environment are affected with this catastrophe with just one irresponsibility that

gives a domino effect to the entire setting. Laws must be concretized, and constant supervision

of the affected area as well as early precautionary measures must be practiced.

background background HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

4

Days before the oil tanker ship disaster, central Philippines had been battered by two successive

storms, bringing flash floods and wind, damaging agriculture, properties and lives. Worse, Phil-

ippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) had

not raised any storm signal over the Western Visayas during that period, leaving the people un-

prepared. With the prevailing southwest monsoon (habagat) and strong surface currents, the oil

spill can spread extensively from the point of origin. By near-end of August, it was reported

that it has already reached the shoreline of the towns of neighboring Negros Occidental

(PCAMRD*, 2006).

Initial findings from a Board of Marine Inquiry investigation revealed that the safety manage-

ment certificate of Solar 1, the ship that figured in the disaster, had already expired (Ombion &

Lachica, 2006). Moreover, Norberto Aguro, the ship’s captain, was suspended by the board for

failing to undergo oil tanker training and management. Marina, the country’s agency for pro-

moting maritime industry, has ordered the immediate grounding of the two sister vessels of oil

tanker M/T Solar 1. Arnie Santiago, acting enforcement manager of Marina in Manila, identi-

fied the two sister vessels as Solar 2 and Solar 3. “We will not allow them to operate until the

probe on the sinking is over,” he said during the Regional Disaster Coordinating Council

(RDCC) 6 meeting. Likewise, the Board of Marine Inquiry, an agency under Marina, recom-

mended the filing of administrative charges against Aguro and the Sunshine Maritime Develop-

ment Corporation, pending further investigations.

Region 6 Coast Guard investigations showed that early in the morning of August 10, crew

members had already noticed that the ship’s chain locker, the compartment that holds the an-

chor, had taken in water and the ship itself had begun to lean by about six degrees to the right.

Despite this, Aguro has given the order to sail toward Iloilo. Then at around noon while travers-

ing Iloilo strait toward open sea to Zamboanga, the ship leaned further to around 10 degrees. At

around 4 p.m., Aguro made a right turn to Iloilo when the ship was already badly leaning right

with its head down. He gave an order to abandon ship at 16.6 miles southwest of Lusaran Point

in Nueva Valencia town, Guimaras island (Ombion & Lachica, 2006). Seventeen crew mem-

bers including Aguro and two surveyors made it to the shore while two others, Victor Morados

and Art Ian Nabua, failed to jump off to the sea, still missing.

*Philippine Council for Aquatic and Marine Research and Development

causescauses HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

5

The oil spill contaminated the island’s rich and diverse ecology and was considered the coun-

try’s worst marine disaster.

The ship’s sinking has already caused an oil spill contaminating 200 kilometers of the coast-

line of Nueva Valencia, Sibunag and San Lorenzo towns. This has reportedly affected more

than 20 sq. kms of coral reefs, 1,100 has. of the Taclong national marine reserve in Nueva Va-

lencia, at least 4,000 fishermen and 17,000 households in several coastal villages.

Livelihood and financial security

The spill has damaged Taklong Island National Marine Reserve, a marine sanctuary for feed-

ing and breeding ground for fish and other species. The oil slick also posed a threat to the blue

crab industry in the municipality of Enrique B. Magalona in Negros Occidental. The oil slick

also threatened more coastal villages of central Negros particularly those in Bago City and

Pulupandan, Valladolid and San Enrique towns. Before this, Pulupandan Mayor Luis Mondia

said that the shrimp industry in his town has already suffered about P50 million in losses

caused by the bad weather and typhoons. It is likely to suffer more with the threat of oil spill

contamination. Similarly, Valladolid Mayor Ricardo Presbitero, Jr. also said that the shrimp

industry in his municipality suffered millions of pesos in losses, taking them more than two

years to rehabilitate the industry.

Health

A villager from Barangay Lapaz, Nueva Valencia, Guimaras became the first casualty directly

affected by the spill. He died after inhaling the fumes of the oil sludge causing him to contract

cardio-respiratory disease. Two workers from the ship has also been reported missing.

Families and volunteers who team up to lessen the oil discharge also experience cardio-

respiratory ailments also due to fume inhalation as well as poisoning due to skin contact, ex-

posing them to long-term effects of carcinogenic and other highly toxic compounds.

Environmental

Depending on the volume of oil released, oil spills can induce minimal to serious harm to ma-

rine life particularly planktonic (surface dwelling) and benthic (bottom dwelling) organisms

(plants and animals). Threatened species such as dugong, green and hawksbill turtles, and sev-

eral cetacean species were also be found along the Strait.

effectseffects HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

6 effectseffects HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

Because oil floats on top of water, less sunlight penetrates into the water, limiting the photosyn-

thesis of marine plants and phytoplankton. This, as well as decreasing the fauna populations,

affects the food chain in the ecosystem. There are three kinds of oil-consuming bacteria: sulfate

-reducing bacteria and acid-producing bacteria are anaerobic, while general aerobic bacteria

are aerobic. These bacteria occur naturally and will act to remove oil from an ecosystem, and

their biomass will tend to replace other populations in the food chain.

With sunlight and warm temperature, photo-oxidation and degradation of the oil will ensue.

The formation of “tar balls” will then increase the density of the oil degradation particles and

cause them to sink. Hydrocarbons resulting from oil degradation are toxic to sessile (attached

and non-moving) marine life as plants like seaweeds and sea grasses, and invertebrates like cor-

als and mollusks that cannot swim away from harm. The most damage to marine ecosystem will

be on the benthic species rather than on the limnetic or free-swimming species. (PCAMRD,

2006).

“Oil spills are most destructive when they reach the shoreline,” said Abbie Ramos of WWF-

Philippines. “Critical habitats such as coral reefs and mangrove forests are being affected and

will take years to repair.”

The symptoms of albinism was observed in trees contaminated by the oil spill. Rex Sadaba, co-

ordinator of the UP Visayas Oil Spill Response Program said that in some patches, mangroves

of some species had shown continued stress attributed to the oil spill. These were shown in the

decrease of the size of leaves by half and stunted growth in some trees (Burgos, Jr., 2011). On

the shoreline, mangrove forests will be adversely affected by the smothering effect of oil degra-

dation substances on rhizophores, the root structures of mangrove trees that stick out of the wa-

ter and are vital for respiration.

Dr. Jose Ingles, eco-region coordinator of the World Wide Fund for Nature in the Philippines,

Indonesia and Malaysia, said that the damage may be felt by at least two generations. The disas-

ter may have damaged the reefs and mangroves, scarred the ecosystem and caused seafood

yields to significantly decrease. The worst hit would be the shorelines, the coasts and the

swamplands with mangroves, which in return affected the livelihood of the fishermen, mostly

living in poor conditions.

The scientists said continued inspection and studies were necessary to determine whether

changes in growth and reproduction of the marine resources are due to the oil spill or are part of

normal cyclical behavior.

7 actionsactions

Local response

Environmental activists are the first expected to response with issues regarding the environ-

ment as these groups remain vigilant with campaigning good treatment to the environment for

mankind’s benefit.

Greenpeace, an independent, campaigning organisation, which uses non-violent, creative con-

frontation to expose global environmental problems, and to force solutions essential to a green

and peaceful future, released a statement to call Petron regarding the Guimaras oil spill inci-

dent. “The Philippine government must hold Petron and its partners accountable for damages

to marine and coastal ecosystems and for their rehabilitation. The scale of this oil spill may

turn to be even larger than the Semirara oil spill last year and threatens at least three marine

reserves in Visayas,” tells the press release.

On the other hand, the Parish Pastoral Council (PPC) of the Parish of St. Vincent Ferrer in

Nueva Valencia, the town considered as hardest hit by the oil spill, spearheaded a manifesto

calling for justice for oil spill-affected fisherfolk and a boycott of the Petron’s products.

Local assistance

Former President Gloria Macapagal-Arroyo created Task Force Guimaras on August 22 in or-

der to oversee both the clean-up of the oil spill and the retrieval of the 1.5 million liters or so

of tanker fuel oil still remaining inside the tanker. The government has also ordered the crea-

tion of the Special Board of Marine Inquiry to determine who and what caused of the spill.

Guimaras Governor JC Rahman Nava has objected to the proposal of disposing the oil wastes

within the province. Clemente Cancio, president of Sunshine Maritime Development Corpora-

tion (SMDC), the company which owns M/T Solar I, said that their foreign insurer is willing to

pay the cost of damage brought about by the oil spill.

Former President Gloria Arroyo vowed a full investigation into the country's worst ever oil

spill that has devastated marine ecosystems in the central Philippines. Arroyo also ordered the

justice department to join a special task force heading an investigation and clean-up on the is-

land of Guimaras, where some 300 kilometers of coastline, including stretches of pristine

beaches, have been affected by the oil slick from the sunken Solar 1 tanker.

Fisherfolks from the town of San Lorenzo also received compensation from the P22-million

compensation fund of the International Oil Pollution Compensation Fund (IOPCF). There are

1,339 of fisherfolks received oil spill compensation from the municipality of San Lorenzo

alone.

HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

8 actionsactions HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

Foreign assistance

“If this tanker had been a double-hulled vessel, the accident might have been prevented,” said

the Environmental Law Alliance Worldwide (ELAW). ELAW is working with partners at the

Environmental Legal Assistance Center (ELAC) in the Philippines to review the Philippines`

response to this and past oil spills, and look for ways to protect marine resources from future

oil spills.

ELAW is also working to ensure that clean up operations do not further jeopardize local com-

munities. Following the spill, local newspapers reported that Petron (the largest oil company in

the Philippines) had applied dispersants to get rid of the oil quickly, rather than do a proper

clean-up. Dispersants were applied near mangroves; however, nearby residents complained of

toxic fumes and respiratory ailments. ELAW provided its partners at ELAC and Tanggol

Kalikasan with information explaining why chemical dispersants are typically not advised for

shallow near-shore waters, mangrove areas, marshes, or waters over coral reefs and seagrass

beds (Huffman, n. d.).

While communities recover from the previous spill, the search for new oil continues. In June,

ELAW helped its partners at ELAC challenge plans by NorAsia Energy to search for new oil

reserves using seismic testing in the channel between Cebu and Bohol. Seismic testing in-

volves sending sound waves through an underwater cable dragged by a boat and poses serious

risks to marine mammals.

ELAC Director Raul Barbarona discussed NorAsia`s plans in radio interviews with govern-

ment authorities and representatives of the energy company. He received the scientific infor-

mation he needed from ELAW to educate Filipinos about the real risks of seismic testing

(Huffman, n. d.).

The standard protocol for the management of oil spills worldwide advocated by the United Na-

tions’ International Maritime Organization include (PCAMRD, 2006):

Immediate retrieval of spilled oil by harnessing it with booms and siphoning with pumps

Application of environment-friendly dispersal agents to dilute thick layers of oil on the sur-

face (i.e. oil is lighter than water) and spread it out for faster degradation

Mopping up operations to clean up the oil slick and residues on the shoreline especially

with use of organic materials such as rice straw and sugarcane bagasse to serve as absor-

bents and appropriate bioremediation can be applied.

9

With the rapid increase in population, urbanization, and industrialization, these reduce the qual-

ity of Philippine waters, especially in densely populated areas and regions of industrial and ag-

ricultural activities. The discharge of domestic and industrial wastewater and agricultural runoff

has caused extensive pollution of the receiving water-bodies. This effluent is in the form of raw

sewage, detergents, fertilizer, heavy metals, chemical products, oils, and even solid waste. Each

of these pollutants has a different noxious effect that influences human livelihood and translates

into economic costs.

Lack in resources

“The adverse impact of water pollution costs the economy an estimated Php67 Billion annually

(more than US$1.3 Billion). The government continues its fight against worsening water pollu-

tion by espousing and including among its priorities, environment policies, legislation, and de-

crees that address the growing need to control water pollution. In the last few years, the govern-

ment has employed economic instruments such as pollution fines and environmental taxes

(PEM*, 2003)

Two consecutive spills had hit the country, this is a wake-up call. First, the country is vulnera-

ble to man-made environmental disasters owing to a lack of capacity for quick-response and

clean-up action. Given the archipelagic make-up of the country, the country does not have ade-

quate containment and preventive mechanisms for extensive maritime accidents like this. The

Semirara disaster (Caluya, Antique) spilled about 200,000 liters of bunker fuel and it took days

of frenzied Coast Guard measures and calls for help before the National Power Corporation,

owner of the oil, took more decisive action. Commander Allen Toribio of the Coast Guard

heads the ongoing efforts to the Guimaras oil tragedy where equipment as basic as sonar tech-

nology to locate the sunken vessel is sorely lacking.

Disaster-preparedness has been the least of priorities of this government, environmentalist ac-

tivist and mining engineer Efren Fabila commented. Fabila blamed the Coast Guard and the lo-

cal ports authority for not giving right information and precautions. “The tanker should not

have been allowed to sail given the storms last week wreaking havoc throughout the country.

They should have learned from the Semirara disaster and countless other disasters that had

shaken our country in the past years like the Negros Navigation Dona Paz and M/V Cassandra,”

he said (Acosta, 2006).

*Philippines: Environment Monitoring

issuesissues HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

10 issuesissues

Lack in legal structure

Second, the present legal and policy framework to address such calamities is weak and limited.

Arguing over liabilities, damages, insurance claims and clean-up funds reveals a pressing need

to strengthen legislation that covers the creation of an oil spill liability fund, navigation routes

for ships bearing oil or bunker fuel, requirements for double-hulled tankers, long-term rehabili-

tation and scientific research programs for oil spill-damaged habitats.

"We are only morally responsible, not legally liable for the spill," Petron boasts. This stands in

stark contrast to the far-reaching liabilities and health and livelihood damages claimed by local

communities and the federal and state governments from Exxon Valdez, which in 1989 dis-

gorged 11 million liters of oil into the pristine waters of Alaska (Acosta, 2006).

While the Philippines is a signatory to the International Marine Pollution Convention, it still

lacks the corresponding laws to effectively enforce penalties and liability claims. PD 979

(Providing for the Revision of Presidential Decree No. 600 Governing Marine Pollution) im-

poses fines at a paltry 10,000 pesos ($198) and needs to be amended. RA 9275 (Philippine

Clean Water Act of 2004), while penalizing discharges into bodies of waters, would still be

considered inadequate to address the large-scale implications of an oil spill in open seas.

However ,RA 9275 is clear on the basic “polluters-pay principle.” Declaring affected localities

as national or local calamity areas facilitates government action and appropriations for clean-up

efforts, but government should not solely bear costs of containment and rehabilitation for mas-

sive pollution caused by corporate entities or the transport of privately-owned cargo.

The passing of HB04607, an act authorized by Diosdado JM Macapagal Arroyo, House Repre-

sentative of Camarines Sur, or immediate action on it, may also help to address the issue on

who is reliable with future oil spills or at least require companies for preventive measure. This

act goes with the title “An Act Requiring Oil Companies to Install Oil Spillage Preventive and

Control Mechanisms in their Tankers and to Undertake Immediate Cleaning Operations in the

Event of Oil Spills within the Country’s Territorial Waters, Providing Penalties for Violation

Thereof, and for Other Purposes.” However, this was left pending with the Committee on Ecol-

ogy since May 23, 2011.

WWF hopes a national oil spill contingency plan that includes all stakeholders — coastguard,

oil industry, local fishermen and coastal communities — will help pool resources in an effort to

form rapid response teams to deal with any future oil spills throughout the country. In addition,

as extreme weather events may very well be part of our future, WWF is seeking new standards

for transport of hazardous cargo in rough weather, and current shipping routes should be re-

viewed and new options considered in order to avoid particularly sensitive marine areas.

HOW to grease the waters: the 2006 guimaras oil spill retrospectionHOW to grease the waters: the 2006 guimaras oil spill retrospection

11

(n. a.). (n. d.) Ecology (Committee Information). Retrieved March 21, 2012 from http://

www.congress.gov.ph/committees/search.php?congress=15&s=bills&id=A501

(n. a.). (n. d.). Guimaras oil spill. Retrieved March 15, 2012 from http://en.wikipedia.org/wiki/

Guimaras_oil_spill

Acosta, J. N. (2006). ‘Where Do We Go from Here?:’ Grief and grime in Guimaras. Retrieved

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Burgos Jr., N. (2011). Guimaras oil spill recovery goes on. Retrieved March 16, 2012 from

http://newsinfo.inquirer.net/41161/guimaras-oil-spill-recovery-goes-on

Calubiran, M. M. (2006). San Lorenzo fishers receive IOPCF compensation. Retrieved March

14, 2012 from http://sludge.wordpress.com/2006/12/16/san-lorenzo-fishers-receive-iopcf-

compensation/

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Petron products. Retrieved March 14, 2012 from http://sludge.wordpress.com/2006/12/27/

nueva-valencia-town-leads-call-for-justice-boycott-of-petron-products/

Greenpeace Philippines. (2006). Greenpeace statement on the Guimaras oil spill incident. Re-

trieved March 21, 2012 from http://www.greenpeace.org/seasia/ph/press/releases/greenpeace-

statement-on-the-gu/

Huffman, T. (n. d.). Cleaning Up Big Oil. Retrieved March 16, 2012 from http://www.elaw.org/

book/export/html/1281

Ingles, J. (2006). Large oil spill in the Philippines threatens marine ecosystem. Retrieved

March 15, 2012 from http://wwf.panda.org/who_we_are/wwf_offices/philippines/news/?78300/

Large-oil-spill-in-the-Philippines-threatens-marine-ecosystem

Ombion, K. G. & Lachica, R. B. (2006). Guimaras Oil Spill Ship Found Unfit for Sailing. Re-

trieved March 16, 2012 from http://www.bulatlat.com/news/6-28/6-28-spill.htm

Philippine Council for Aquatic and Marine Research and Development. (2006). Managing oil

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