DAVAO CITY – The Philippine Coast Guard District Southeastern Mindanao (CGDSEM) has recommended the filing of multiple homicide charges against the owner and boat captain of the ill-fated MBCA Amejara due to alleged series of safety violations.

In a press briefing on Wednesday, CGDSEM commander Commodore Philipps Soria reported that the Maritime Casualty Investigation (MCI) recommended filing multiple homicide charges against the vessel’s owner Ace Ryan Cortez and boat captain Patrocinio Genita III.

However, Cortez and Genita were among the nine passengers who are still missing since the recreational vessel sank off the coast of Davao Oriental last Jan. 18.

Soria insisted that even as they are still missing, the PCG is still looking at the possibility of filing criminal and administrative charges against Cortez and Genita.

He explained that the chain of failures may have led to the disaster, citing unauthorized departure as well as unverified structural modifications in the vessel.

The CGDSEM chief pointed out that MBCA Amejara departed Santa Ana Port of this city on the evening of Jan. 17 without proper clearance from the PCG station.

Soria added that the PCG personnel did not issue clearance since the boat was not authorized to sail outside of their authorized hours and route which was Davao City-Samal Island only.

The PCG personnel advised the boat crew to obtain a special permit from the Maritime Industry Authority (Marina).

However, the crew ignored the directive and departed around 8 p.m. on Jan. 17, according to Soria.

“This is also based on the account of the survivor,” he added, referring to crew member Christopher Bulig who was rescued off the coast of Sarangani Island last Jan. 20.

The investigation report revealed that Cortez and Genita allegedly committed fraud in their Master’s Declaration of Safe Departure (MDSD).

MBCA Amejara was carrying five crew members and 11 passengers, who were mostly fishing enthusiasts. Six bodies have been recovered while nine are still missing.

While they represented their voyage as bound for Gov. Generoso, Davao Oriental, the group’s intended destination was “Passig de Byuda,” a known fishing ground beyond Philippine maritime jurisdiction.

He said the Passig de Byuda is at least 15 nautical miles off the coast of Davao Oriental, which is three nautical miles beyond Philippine territorial waters.

Soria also cited the testimony of Bulig who attested that there were alleged unverified structural modifications prior to the departure.

Citing statements from Bulig, the CGDSEM officer added that the boat underwent “structural appraisal,” including the construction of an upper deck equipped with heavy electrical appliances.

“These modifications increased the vessel’s vertical height, adversely affecting its center of gravity and stability,” Soria emphasized, adding that the trip was planned three days ahead of the scheduled departure.

Moreover, there was alleged overloading and poor weight distribution due to substantial additional fuel, scuba tanks, fishing equipment, and alcoholic beverages loaded prior to departure that may have compromised the vessel’s balance.

Soria said that the recreational vessel lost stability after it encountered severe sea conditions characterized by huge and continuous waves in the vicinity of Cape San Agustin on the tip of Gov. Generoso.

While attempting to maneuver a reverse course to return to Santa Ana Port, he added, the vessel was hit by strong winds, lost stability, and eventually sank, he added.

The eight PCG personnel who were administratively relieved from their post due to the incident have yet to be reinstated to their station pending the finalization of the report.

Once the investigation report is finalized, they may return to Santa Ana Station or may be reassigned to other PCG stations.