Republic of the Philippines )

City of Calapan ) SS.

Province of Oriental Mindoro )

MARINE PROTEST

I, Arjo Sanchez Mendoza, Filipino, of legal age, single, with address

at Besta Shipping Lines Inc., Unit 1006 Pearl of the Orient Tower, 1240
Pres. M. A. Roxas Boulevard, Ermita Manila, after being duly sworn in
accordance with the law, do hereby declare and state on protest:

1. That I am the Chief Mate of M/V Baleno Nine, an inter-island

passenger – cargo vessel plying the Batangas – Calapan route, owned
and operated by Besta Shipping Lines;

2. That on December 26, 2009 at around 2130H, we left Calapan City

bound for Batangas on a regular voyage after having been cleared for
departure by the proper authorities of Philippine Coast Guard and
Philippine Ports Authority;

3. That at the time of departure, the vessel was stable and in sound
navigating condition, with complete and current trading and operating
certificates, manned by complete set of duly licensed officers and
crew, properly conditioned and supplied for its voyages, and staunch
and strong in both hull and machineries. Moreover, the cargoes on
board including the rolling cargoes were well and properly stowed,
with clinometer reading at zero;

4. That I was the navigating officer inside the bridge when the vessel
passed Isla Baco Chico heading towards Matuko point, when
suddenly there was a loud thud which came from the bow section, as
if the vessel was hit by a heavy floating object, and momentarily the
vessel listed to port;

5. That I was immediately ordered by the Master to check the car deck,
and upon reaching that area, I found that there was water coming in. I
supervised the continuous pumping out of sea water. However, the
vessel continued to list. When the vessel was already heavily listed,
and the lights went off, I tried to proceed to the bridge, but the vessel
was listing continuously until it sank somewhere 2.9 miles off Verde
Island;

6. That several vessels came to our rescue, among them our sister ships,
and a vessel of Montenegro Shipping Lines;

7. That as the most senior surviving officer as of this time, the Captain
being missing as of this time, I am filing this Marine Protest in
 compliance with pertinent laws and maritime regulations, to solemnly
and publicly protest against the resulting loss of lives and cargoes and
any possible damage to the environment being caused by and
exclusively due to fortuitous events hereby reserving the right to
extend this marine protest as may be warranted.

Arjo Sanchez Mendoza

Affiant

SUBSCRIBED AND SWORN to before me this 7th of February 202

by affiant Arjo Sanchez Mendoza who personally appeared before me and
signed this document in my presence and presented to me as competent
proof of his identity his Philippine Regulation Commission I.D. Card No.
101993 with validity until October 19, 2025. I hereby certify that I have
ascertained the identity of the affiant through competent identification
document.

ZYREEN KATE B. CATAQUIS

Notary Public

Doc. No. _____;

Page No. _____;
Book No. ____ ;
Series of _____.