Sinking of M/V Trisha Kerstin 3: ‘Negligence of duty, operational lapses’

CEBU, Philippines – The sinking of the M/V Trisha Kerstin 3 off Basilan, which claimed at least 52 people, was due to “operational lapses” and “negligence of duty,” transportation officials told the joint Senate panels conducting a probe into the tragedy on Thursday, February 12.

During a Senate joint committee hearing on public services, public works, and finance, Transportation Assistant Secretary Manuel Cabochan III pointed out that there were inconsistencies in the passenger manifest that they recovered from the vessel.

Based on the findings of the Department of Transportation (DOTr) probe, at least 52 cadavers were recovered while 293 were rescued and survived the January 26 incident. Some 24 individuals remain missing.

“Dahil sa number of survivors and cadavers recovered, meron po sa kanila wala doon sa passenger manifest so the finding is nag-exceed sila sa passenger capacity,” Cabochan said.

(Because of the number of survivors and cadavers recovered, there were those who were not in the passenger manifest so the finding is that they exceeded passenger capacity)

Apart from the excess in passenger capacity, the probe revealed that rolling cargoes (vehicles) that were loaded on the vessel did not pass through weighbridges, resulting in problems with the cargo lashing and the vessel’s overall stability.

The DOTr also discovered that the vessel was issued a sea-worthiness certificate despite several safety violations noted during a pre-departure assessment.

“Despite the safety violations, ang question is bakit naglayag pa rin (the question is why did they still set out to sea)? On that part, we find neglect of duty,” Cabochan added.

Problematic history

Senator Raffy Tulfo, chair of the Senate public services committee, pointed out during the hearing that the M/V Trisha Kirsten has been operating for around 31 years. Based on data from the Philippine Coast Guard (PCG), the ferry was constructed in 1995 and was acquired in 2010.

Tulfo said that steel-hulled vessels like the M/V Trisha Kirsten are supposed to be retired after 30 years. 

Eusebia Cadlum-Boco, Maritime Industry Authority Director for Legal Service, clarified that MARINA does not yet have a clear retirement policy for classed vessels.

The implementing rules and regulations of Republic Act No. 9295 or the Domestic Shipping Development Act of 2004 only sets retirement deadlines for unclassed ships — vessels that have not yet undergone classification with MARINA-accredited organizations.

Apart from the vessel’s period of use, lawmakers also questioned the ownership of the vessel and its alleged ties with public officials in Zamboanga City.

The vessel’s owner is Aleson Shipping Lines Incorporated, which Tulfo said had been involved in 32 maritime incidents since 2019.

Prior to the January 26 sinking, 33 people died in March 2023 when Aleson’s M/V Lady Mary Joy 3 caught fire during its voyage from Zamboanga City to Jolo, Sulu.

Boco confirmed that after the M/V Lady Mary Joy 3 incident, Aleson operations were not suspended and that no administrative investigation was conducted.

Rappler also found in Aleson’s Securities Exchange Commission (SEC) documents that the wife of Zamboanga City Mayor Khymer Adan Olaso holds a 24.75% stake valued at P19.8 million in the shipping company.

Pre-departure irregularities

According to the PCG and MARINA, the Aleson vessel underwent modifications in September 2010 that increased passenger capacity from around 152 to 352.

Tulfo and Senator JV Ejercito questioned why modifications of shipping vessels were being allowed by MARINA. Tulfo argued that the structural integrity of the M/V Trisha Kirsten 3 was possibly compromised due to the additional passenger spaces on the vessel.

According to survivors, they had already noticed the irregularities in the balance of the ship before it went out to sea.

PCG’s Commodore Oliver Tanseco said that the authorized carrying capacity of the vessel is 352 passengers and 24 to 27 crew members. 

Based on the recovered manifest, there were 332 passengers on the M/V Trisha Kirsten 3 at the time of the incident.

“We were not able to account for each and every passenger including those not in the manifest because, as per our pre-departure inspection, it’s a cursory inspection meaning we go around the vessel based only on the manifest,” Tanseco said.

When asked if personnel ensured that rolling cargoes passed through a weighbridge, Tanseco said that none of the rolling cargoes were properly weighed and only estimates were made. 

Cases to be filed

“Ang hinaing namin (Our call is to) revoke the license of Aleson, file criminal charges against the corporate owners, change the maritime laws for the better,” Fatima Sweenee Sajili, a representative of the victims and witnesses, said during the hearing.

In response to this, officials from the DOTr, MARINA, and PCG are preparing to file  administrative and criminal cases against Aleson, erring personnel of the government agencies, and others who are also involved in the incident.

As of this writing, all of Aleson’s vessels have been grounded.

Tulfo has recommended the filing of murder charges against the owners of Aleson, citing the negligence of the company in allowing their “unseaworthy” vessel to make a voyage last January 26.

Play Video

“It will send a signal to other shipping company owners na mag-ingat na sila na ‘wag nilang gayahin etong Aleson na padalosdalos at burara (to be cautious and not to imitate Aleson which is reckless and careless),” the senator told media. – Rappler.com