Home News‘Criminal negligence’ cited as Coast Guard ends month-long search for missing MBCA Amejara

‘Criminal negligence’ cited as Coast Guard ends month-long search for missing MBCA Amejara

by Rhoda Grace Saron
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FOLLOWING a month-long search that rescued only one survivor, the Coast Guard District Southeastern Mindanao (CGDSEM) officially terminated all search, rescue, and retrieval operations for the missing MBCA Amejara on February 18, 2026.

The termination follows 15 days of intensified search and rescue (SAR) and an additional 15 days of extended retrieval efforts.

CGDSEM commander Commodore Philipps Soria revealed that the Maritime Casualty Investigation (MCI) has recommended filing multiple homicide charges against the vessel’s owner and captain, citing a series of fatal safety violations and “fraudulent” documentation.

Investigative findings: a chain of failures

The investigation identified five primary factors that led to the vessel’s disappearance after it was reported missing on January 19, 2026:

Unauthorized and Illegal Departure : The vessel departed from Sta. Ana Wharf without PCG clearance. Coast Guard personnel and Sta. Ana had explicitly denied their departure and advised them to obtain a special permit from MARINA, which the crew ignored.
Unverified Structural Modifications : Statements from survivor Mr. Bulig revealed 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.
Overloading and Poor Weight Distribution : Substantial additional fuel, scuba tanks, fishing equipment, and alcoholic beverages were loaded prior to departure, further compromising the vessel’s balance.
Alcohol Consumption : The surviving crew member stated that all passengers, and some crew members, consumed alcoholic beverages during the voyage.
Adverse Sea Conditions : The Amejara encountered severe waves near Cape San Agustin. While attempting to maneuver a reverse course to return to port, the vessel lost stability and was subsequently lost.

The investigation found that the owner, Ace Ryan Cortez, and Captain Patrocinio Genita committed fraud on their Master’s Declaration of Safe Departure (MDSD).

While they represented their voyage as bound for Governor Generoso, their intended destination was “Passig de Byuda,” a location beyond Philippine territorial waters.

“The decision made by the captain and the owner to navigate while carrying the lives of their passengers constitutes a series of violations of safety regulations,” Soria stated, noting the voyage was planned three days in advance.

Recommended criminal and administrative charges

The CGDSEM has recommended the filing of criminal and civil liability for reckless imprudence resulting in multiple homicide against both owner Ace Ryan Cortez and Captain Patrocinio Genita, issuance of enforcement inspection apprehension reports for leaving port without PCG clearance, failure to accomplish the MDSD correctly, and disregarding MARINA’s special permit requirements.

Despite the termination of active operations, CGDSEM assured the public that any verified information or recovered materials related to MBCA Amejara will continue to be evaluated for further action.

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