by: CM Nestor F. Doyungan, MST
The M/V Super Ferry 9, a 7,268 gross tonnage roll on-roll off passenger vessel owned and operated by Aboitiz Transport System Corp that sank last September 6, 2009 off the south-west coast of Zamboanga Peninsula with a total of 971 passengers and crew aboard has drawn a lot of questions.
Super Ferry vessels are known to have been classed with a standard classification society, managed by shipping experts and noted to have complied with the ISPS and ISM requirements for its smooth operation.
According to reports, Super Ferry 9 had encountered several mishaps prior to its sinking. In April 2006, the ship experienced repeated engine problems that caused passengers to be delayed a day and a half at sea while on trip from Bacolod City to Manila’s South Harbor.
Again, in February 2007, engine problems caused her to be stranded at Daog Point on Negros Island while en route to Iligan City from Bacolod City. She was towed back to port because of this failure. Maritime Industry Authority ordered the ship’s owner, Aboitiz to have it dry docked and conduct appropriate repairs.
On May 4, 2009, about four months before incident, again the ship suffered engine trouble that caused some 900 passengers stranded off Camiguin Is.
On September 5, 2009 at 8:45 a.m. Super Ferry 9 left General Santos City bound for Iloilo City.
Between 3:00 and 4:00 in the morning on September 6, 2009, the Ship Master sent a distress signal that the ship is listing heavily to the starboard side. An hour later, he ordered to abandon ship after it was found out that the ship is on her dangerous state of capsizing.
At 5:20 a.m. the MV Myriad, a cargo ship also owned by Aboitiz arrived at the scene and render assistance. Some passengers had already boarded the life rafts and were rescued and brought to Zamboanga City by the same ship. Rescue operations from different government agencies were carried out and begun to pluck survivors from the ferry and the sea.
At around 9:00 a.m. on the same day, five hours after a distress signal was sent, Super Ferry 9 totally vanished.
What caused the sinking? Was it Peril of the Ship or Peril of the Sea?
This is one of the questions asked. First let us classify the two perils.
“Peril of the Ship” (also called as acts of man) any damage or loss of the ship and its cargoes and properties at sea due to negligence, incompetent officers and crew in running the ship, pride, as well as human error like failure to execute proper judgment in saving the ship. Another example to this peril is the lost of cargo onboard due to pilferage which is an act of man. While it is true that the Master has the overriding authority onboard but his wrong decision in directing his ship into safety during storms and other natural phenomenon constitutes ship peril.
“Peril of the Sea” (Acts of God) refers to any damage or loss of the ship and its cargoes and properties at sea due to “force majeure” or natural phenomenon such as; typhoons, storms, lightning, vessel caught in ice and other mishaps which are justified to be caused by the “Acts of God” that despite with the exercise of due care and diligence done by the crew, an evitable experience happen. But ramming the ship into a storm due to pride is not classified under this peril.
One crew of the Star Cinema who survived the tragedy recounted his ordeal when interviewed in the television; when we boarded at Gen. Santos City, the ship was already listing but we did not put attention to it believing that it will be corrected later while underway. After several hours of sailing, then list was not corrected until the reached in the vicinity of Zamboanga City.
Another passenger told reporters when interviewed that she heard a loud heavy crashing noises and suggested cargo containers might had moved in the hold towards the starboard side. There were even suspicion that lashing of containers were not done properly.
A Special Board of Marine Inquiry composed of maritime experts such as; seasoned Master Mariners, Chief Engineers, Navy, Coast Guard and other personnel was created by DOTC and tasked to conduct investigation of the sinking. On their initial investigation, the Master testified that the vessel was experiencing winds with an estimated force of 10 knots that caused the vessel to list to her starboard side and eventually capsized. One member, a Chief Engineer asked the Chief Officer whether the vessel was having a heel or a list? The Chief Officer replied “it’s a list”.
What is a heel? A heel is ship tilted to either side due to the external forces such as; winds, currents and waves. A vessel which has good stability and properly trimmed will always return to her upright position even when exposed to winds of 10 knots or more. She has a good righting moment and she will always right herself up.
While a list is a ship inclination caused by her internal force such as; improper stowage of cargo, uneven distribution of weights and others. Super Ferry 9 might have lost its righting moment and it is suspected that the Center of Gravity and her metacenter almost coincide each other making her close in a neutral equilibrium. A vessel having this kind of state may or may not return to her upright position. Likewise, ballasting while underway is impracticable because such action was supposed to be done while the ship is in still water. The list can be corrected by the Master and officers onboard. If indeed it was a list that resulted to the sinking, we have second thought that it was caused by a human error.
The question remains; was the sinking was caused by the Peril of Ship or Peril of the Sea? You hava a correct answer same as mine.