DENR to help residents file their claims
The Department of Environment and Natural Resources (DENR) is taking the lead in teaching the oil spill-affected residents of Guimaras in claiming the compensation package from the International Oil Pollution Compensation Fund (IOPCF) as the department itself could also be considered as one of the claimants.
DENR Chief of Public Affairs Rhodora Capulso said they have initiated such campaign to avoid speculations regarding the compensation claims. She said there is a need for all government agencies to pool their efforts in orienting the affected people.
Capulso said there are lots of residents who until now do not know when and how to claim compensation for the oil spill disaster. The compensation claims is embodied in the 1992 Civil Liability Convention and 1992 Fund Convention.
She added, residents and even Mayor Diosdado Gonzaga of Nueva Valencia were left in the dark after the September 14, 2006 meeting with the local officials of Guimaras, fisherfolks, resort owners and IOPCF Deputy Director/Technical Advisor Joe Nichols, of IOPCF, Capt. Patrick Joseph, IOPCF's claims manager and David Rees, associate director and claims manager of The Shipowners' Protection Limited.
Capulso added that the affected residents should be careful when they fill-up the forms. The forms with IOPCF letterhead is the only form that is considered valid in processing the claims. With just one mistake, all things are affected.
Capulso's reaction was also in response to reports that some groups in the island are distributing claim forms which are not the same form authorized by the IOPCF. It could not be ascertained who is responsible for such dubious acts.
In a press conference Tuesday, Capulso expressed concern on the fishermen who are not able to read and write. She said they will come out with pamphlets written in Hiligaynon to guide the claimants and same time seek the help of the media to disseminate the information.
The Philippines is a member of the 1992 Civil Liability Convention. Under this convention, all shipowners with a load of 2,000 tons or more are insured to make sure that in oil spill disaster, those affected can be paid compensation for damages. The Philippines is also a party to the 1992 Fund Convention that entitles victims of oil spill for full compensation of damages that could not be compensated under the l992 Civil Liability convention.
Any individual, group, organization, corporation, local government from the national down to the barangay level are entitled for damages caused by oil spill are entitled for compensation.
Capulso said claimants can use the services of an adviser and their reasonable cost of services is included in the compensation claims.
The damages of oil spill that could be claimed under the 1992 Fund are clean up and preventive measures, property damage, consequential loss, pure economic loss and environmental damage.
The clean up and preventive measures are the cost of reasonable clean-up measures and preventive or minimizing of pollution. Compensation is also payable for the capture , cleaning, and rehabilitation of wildlife, in particular birds, mammals and reptiles. With this, the environment department are entitled to file this claim.
The environmental damage payable under the IOPCF are costs of reasonable reinstatement measures aimed at accelerating natural recovery of the damaged environment. It may include costs of damage assessment and post-spill studies related to the damage caused by oil spill. It also includes the monitoring of rehabilitation process.
Capulso added that they are also considering the idea of asking a local bank to allow the claimants to deposit even just P1 for them to have an account of their own. The IOPCF is still thinking on whether to release the claims by check or cash.