Up to forty-four people are still missing from the capsized MV Baleno 9 ferry after it was learned that 42 other passengers are not in the vessel's manifest, the Coast Guard said Tuesday.

This developed as the families of victims from the two recent sea mishaps in Southern Tagalog have been urged to file a class suit as a “test case” against maritime officials responsible for the tragedies.

Coast Guard Southern Luzon District Headquarters Commander Gil Villamaria said based on the MV Baleno 9 manifest, there were 81 passengers on record, including 14 crew members. However, up to 123 people could be on board the ill-fated ferry after 42 others were apparently not listed based on relatives’ claims.

Search and rescue operations were resumed at 8 a.m. Tuesday for more survivors from the MV Baleno, which capsized off Verde Island in Batangas Saturday night on its way from Calapan in Oriental Mindoro to the port of Batangas City. Six bodies have so far been retrieved.

The government has suspended all the operations of Besta Lines, owner of the capsized roll-on, roll-off ferry.

Agusan del Sur Rep. Rodolfo “Ompong” Plaza said it is high time officials from the Philippine Coast Guard, Maritime Industry Authority (Marina), and other agencies be charged with criminal negligence and dereliction of duty.

He said the filing of a class suit as well as criminal and administrative charges against the officials should be a welcome move on the part of the victims and their families.

“This is a good test case. The victims can file a class suit not only against the ship owners but also against PCG and Marina officials for their failure to implement guidelines and regulations,” Plaza said.

Aside from the MV Baleno 9, another passenger boat, the MV Catalyn-B, sank off Cavite in the wee hours of December 24 after colliding with a fishing boat. At least 15 people died from the collision and eventual sinking of the Catalyn-B.

Soon after he learned that Catalyn-B sank off Limbones Island in Cavite last Thursday, Plaza immediately sought the resignation of the country’s top maritime officials that include Department of Transportation and Communications (DoTC) Undersecretary for Maritime Transport Thompson Lantion, PCG commandant Admiral Wilfredo Tamayo and Marina administrator Ma. Elena Bautista, who is also a DoTC undersecretary.

Gabriela Rep. Luz Ilagan supported Plaza’s call for the filing of charges against the maritime officials whom she said should share accountability for the tragedies that brought pain and anguish to the victims’ relatives.

“They should be charged administratively and criminally. They never learned from past mistakes. Their negligence and dereliction of duty have cost loss of lives and property,” Ilagan said.