U.S. gov't to pay PH P87 million for damage of Tubbataha Reef - DFA

From InterAksyon (Oct 24): U.S. gov't to pay PH P87 million for damage of Tubbataha Reef - DFA



File photo of USS Guardian that ran aground on Tubbataha Reef in January 2013.

The United States government will be paying the Philippines a total of P87 million for the damage caused by the January 17, 2013 grounding of American Navy ship USS Guardian on Tubbataha Reef.

This is according to Philippine Department of Foreign Affairs Secretary Albert del Rosario, who said that a message about the compensation would soon be sent to the DFA by the US Embassy in Manila.

An inter-agency mechanism was used to determine the amount of compensation that the Philippines should receive from the US, according to Del Rosario.

Last month, the DFA said it would continue discussions with the US government on compensation for the damage.

At the same time, the DFA said it would abide by the Supreme Court decision rejecting a petition for a writ of amparo against the crew of the American minesweeper and seeking around $27 million for the damage it wrought to the World Heritage site last year.

"We will continue our ongoing discussions with the US government on the matter of securing full compensation for the damage caused to the Tubbataha Reef, and will be guided by the Supreme Court decision and the advice of the Office of the Solicitor General," the DFA said.

Earlier, the high court said the claim for damages should be pursued through a civil suit and not a petition for a writ of kalikasan.

It also said it is Malacanang that should demand compensation from the US government for the damage to more than 2,300 square meters of the reef, which marine experts say would take decades to recover.

"The Court deferred to the Executive branch noting that the conduct of foreign relations of the government is committed by the Constitution to the political departments of the government and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision," the Supreme Court ruling said.

The petitioners based their claim for compensation on the 2009 grounding of the USS Port Royal in Hawaii as they criticized the Philippine government’s claim of $1.4 million based on the Tubbataha Reefs Natural Park Act of 2009.

The law pegs the penalty at P12,000 per square meter for damage to the reef and a similar amount for rehabilitation.

http://www.interaksyon.com/article/97897/u-s--govt-to-pay-ph-p87-million-for-damage-of-tubbataha-reef---dfa