By: Manuel “Boy” Mejorada
For three months now, people who have to cross the Iloilo Strait from Iloilo City to either the Buenavista or Jordan wharfs and vice versa had to endure the searing heat of the sun or the rain due to a senseless policy imposed by the Maritime Industry Authority (MARINA) and the Philippine Coast Guard to prohibit boat operators from deploying tarpaulin roofing.
This was the knee-jerk reaction of these agencies to the Aug. 3 tragedy in which 31 passengers aboard three motorized pumpboats died when a series of freak upheavals of the sea caused them to capsize, trapping the fatalities under the hull and drowning them. Apparently, MARINA and PCG blamed the tarp roofing for the deaths of the victims.
But the tragedy was a freak accident. Even if the pumpboats had no tarp roofing, there is no guarantee the victims would have survived. And the people of Guimaras knew this. After all, they had to cross the Iloilo Strait countless times in their lifetimes with that configuration of the boats. There have in fact similar capsizing incidents during the last decade or so, with few, if any, casualties.
MARINA and PCG refused to heed the pleas of the people of Guimaras. Their understanding of what maritime safety should be made their officials callous to the sufferings of passengers.
Tourism is a major income earner for Guimaras. And during the three months the roofing ban was in effect, the tourist arrivals to Guimaras fell sharply by 74%. This struck a big blow to the economy of Guimaras. That’s not to mention the decreased income of boat crews; fewer people rode their pumpboats in going to and from Guimaras. People found alternatives in the RORO and steel-hulled vessels that began operating on the routes.
Of course, the biggest injury fell upon the tens of thousands of people who have to sail between Iloilo City and the island province. The pumpboats have been a cheap means of transportation. The RORO and steel-hulled vessels charged higher fares.
This forced stakeholders to file a legal action before the Iloilo Regional Trial Court. The petitioners sought an injunction against the MARINA and PCG policy and order the restoration of the original boat configurations prior to the Aug. 3 tragedy. Former Guimaras vice governor Vicente de Asis led the legal team for the Guimaras stakeholders.
On Tuesday, RTC Branch 33 Presiding Judge Theresa Enriquez-Gaspar issued a temporary restraining order (TRO) directing the MARINA and PCG to revert to the pre-Aug. 3 set-up of the boats.
In the interim, the Department of Transportation (DOTr) issued guidelines authorizing the use of tarpaulin roofings, but limiting their size to just around 70% coverage of the passenger seating area of the boats. This was unacceptable to the people of Guimaras.
Hence, the TRO issued by Judge Enriquez-Gaspar was a huge victory for Guimaras.
However, MARINA is still hedging. It refused to comply with the court order. Its regional director was quoted on radio as saying he could not disregard the latest issuances of the agency on the size limitations for the tarp roofing.
I think this official should be made to understand that he could go to jail for disregarding the TRO. The issuance of the order effectively sets aside the enforceability of the policy. He should be more afraid of the court’s wrath than incurring the displeasure of his bosses in Manila. This is fundamental in our system of checks and balance.
