“They had no lookout … everybody was asleep,” he said.

The incident last month left 22 Filipino fishermen abandoned at sea near Reed Bank when their ship sank after a collision with a Chinese vessel, which then fled the scene. A passing Vietnamese ship later rescued the fishermen.

Duterte-Xi deal on China fishing in Philippine waters ‘not enforceable’

On Monday, the official word from Malacanang Palace was that the incident was a “serious marine casualty” – a term that appeared to echo the report’s conclusion – but presidential spokesman Salvador Panelo denied the president was taking back his earlier words.

“There is no contradiction. Given the fact that Filipinos were placed in a dangerous situation where they could have been dead, then that’s a serious marine casualty,” Panelo said.

He insisted Duterte had meant to say the sinking was “not serious enough to blow it into an international crisis”, adding that Manila would check its findings with Beijing “because if [the Chinese vessel] admits their crew is at fault, they have to be accountable”.

“If they are willing to pay the compensation for whatever damage done and whatever damages suffered by our fishermen, we should also find out what their stance is,” he said. “Otherwise, we will file charges against the crew.”

Panelo, a lawyer, speculated that criminal charges such as reckless imprudence resulting in damages could be filed against the Chinese crew, while the ship’s owner could be hit with a civil suit for damages.

He said the Palace would not release a copy of the report, and would leave that task to the Department of Foreign Affairs.

‘Duterte coward’: Filipinos’ opinions of president sour after boat sinking

The leaked 14-page report was prepared by the seven-person investigation team led by Captain Raul Belesario, chief of the Coast Guard’s Maritime Safety Services Command, and Jose Venancio Vero Jnr, director of the Maritime Industry Authority’s Marine Safety Service.

The report called the incident an “allision” – a maritime term used when a moving ship strikes a stationary vessel – because an “unidentified fishing vessel … reportedly hit” F/B Gem-Ver shortly before midnight on June 9, while it was anchored 140 nautical miles northwest of Palawan island.

The report said the sea was calm, the weather fair and visibility was “slightly clear”. Only the Filipino cook was awake, preparing a meal; 20 minutes before midnight, he saw a fast-approaching ship and “hastily awakened” the other crew members.

The crew said they could not jump into the water as the approaching ship – from which no one reported hearing any warning sound – had already struck their vessel. Part of the front of the ship was damaged, causing it to become partially submerged, the report said.

Junel Insigne, captain of F/B Gem-Ver 1, and his crew told investigators the Chinese ship, which passed by their half-submerged vessel after the allision, moved around 50 metres away with their fishing lights turned on.

“After a while, the said fishing vessel immediately turned off her fishing lights and left without extending any help,” they said.

Insigne and engineer Jimmy Gordiones both said their vessel had anchor lights and a flashing light visible within four to seven nautical miles. However, Gordiones had no motorman’s license, the qualification given to the senior crew member in a vessel’s engine room.

The report said the 19-year-old, 14.38 gross tonne wooden-hulled F/B Gem-Ver 1 was equipped with a ship radar reflector, a device that allows vessels equipped with it to better show up on other ships’ radar. It was only allowed to carry 18 people, but had 22 on board.

After the ramming, two crew members, Jaypee V. Gordiones and Justin Pacaul, paddled for up to five nautical miles in a small fishing boat before they chanced on the Vietnamese fishing vessel around three hours later.

Following the leaking of the report, senator Sherwin Gatchalian called for the captain of the Chinese ship to be prosecuted in a Philippine court.

‘China’s not to be trusted’: Rosario wades into row over sinking

Gatchalian, whose parents migrated from China, told local media that a case could be filed to “get justice for the fishermen” because the incident happened inside the Philippines’ exclusive economic zone.

“What we don’t want is a repetition of this accident. We can avoid that if we file a case,” he said.

Pamalakaya, a left-wing fishers’ group, said it was preparing to file an impeachment complaint against the president.

“Duterte is culpable of treason and violating the constitution for allowing China to exploit our marine territory, which is exclusive for the Filipino people,” said the group’s head Fernando Hicap. “His questionable deals with China also violate the fishing rights of our fishermen in the West Philippine Sea. The longer he stays in power, the longer our fishers will suffer and fish stocks will be jeopardised.”

While no official has questioned the report’s veracity, no one has verified that it is genuine. An official from the Philippines’ Maritime Industry Authority, or Marina, said he was not available to answer queries on the subject.

On Sunday, foreign secretary Locsin Jnr said the report was “not official” until he had verified its contents.

“There is a leaked alleged Coast Guard Marina report. Until I compare it with my copy fresh from [the Department of Transportation’s] hand four weeks ago that is not official,” he said in a tweet. “China has its own independent report. I decide when we compare our versions. No one else. Plus I need [approval from the National Security Agency].”

Filipinos burn Chinese flags in protest against Duterte’s ‘weak’ response to sinking

Also on Sunday, presidential spokesman Panelo backtracked from his June 22 statement that the palace already had a copy of the probe. This time, he said Duterte had not told him whether he had received one.

The leaked report stressed that it “did not seek to apportion blame or determine liability” but only to “make appropriate safety recommendations” to avoid a repeat of the incident. It ended with a request that the China Maritime Safety Administration conduct their own investigation.

A China watcher who spoke on condition of anonymity said “sanctions on the captain should be the minimum demand” of the Philippine government to the Chinese government.

“I think [the report] was leaked on purpose to make sure whatever was submitted was that,” he said, noting that government officials “can easily deny the leaked report but nobody’s talking. That means it’s true.”

Connect with us on Twitter and Facebook