Marina falls out of step

Judging by the amount -- P126 million -- that the municipality of Cordova is asking in damages from the responsible parties, the environmental destruction caused by a sea collision and its resulting oil spill must be huge. Even giving or taking a few millions for miscalculation or exaggeration, the amount should still be big.

The collision occurred last year and involved the ferry St. Thomas Aquinas of 2GO Shipping and the cargo vessel Sulpicio Express Siete of Philippine Span Asia Carrier Corporation. Dozens of people on the ferry lost their lives when it sank. Spilled oil also destroyed mangrove forests and fishermen's lives in Cordova.

The incident is now under litigation to determine responsibility for the accident. It is the pendency of the case that has prevented Cordova from collecting its claims. But Cordova doubts as well whether insurance or the lack of it could be a factor in its failure to promptly collect.

The Maritime Industry Authority of Marina has previously made it mandatory for all shipping operators in the Philippines to acquire Protection and Indemnity or P&I insurance to cover legal liabilities, including those arising from pollution and salvaging costs.

But in a subsequent order, Marina Advisory No. 2010-02 dated March 3. 2010, the agency slapped a cease and desist order against the implementation of all its previous circulars pertaining to, among others, the P&I policies; lifejackets; suspension of CPCs; compensation for survivors; vessel safety certificates.

Wow! Marina Advisory No. 2010-02 makes the P126 million environmental damage in Cordova pale as an issue. In the case of Cordova, the price tag is definite. But the implications of MA 2010-02 are nothing less than epic in proportion. They are nationally staggering, and for which there can be no cost to be fingered.

If I understand MA 2010-02 correctly, it has done away with all requirements contained in previous circulars that used to ensure the safety of ships and the people and cargo they transport but also of the environment as a result of any incident arising from the conduct of maritime shipping.

Just look at the list of things MA 2010-02 has done away with: P&I insurance, lifejackets, suspension of CPCs or franchises, compensation for accident survivors, even vessel safety certificates. These all have safety woven into them. Without them, Marina has effectively made sea travel a touch and go affair.

But why did Marina do this? Why did it issue a cease and desist order against its own circulars that were in keeping with its own mandate of ensuring safe and secure interisland travel? Why did it make a complete turnaround from espousing good policies to embracing what is bad?

My suspicion is that the Marina was forced to go easy on its own regulations because if it enforced them all to the letter, the vast majority of players in the shipping industry nationwide would fail to make the cut. I suspect as much as 80 percent of the country's aging carriers would be roped up.

In other words, Marina got caught between the Devil and the deep blue sea. It had to make a choice between sea safety and lose 80 percent of the industry, thus wreaking havoc on the economy, or take its chances with fate and look the other way, allowing ships of all conditions to sail in the interest of the economy.

It is to the credit of the few players in the industry who can make the cut anytime Marina chooses to be strict that they continue, on their own sense of responsibility, to take all the necessary requirements even if Marina no longer makes them mandatory.

And it is to the benefit of the sea-going public that these few key players in the industry have remained committed to their brand of exemplary and dedicated service, that while Marina no longer requires them to take insurance and safety measures, they still do voluntarily as a matter of principle.

In the end, it is to the strength of the industry that some of its key players remain steadfast in their desire to put their best foot forward by way of best practices that not only make for good business but for a progressive nation as well. It is just sad that Marina has fallen out of step in our forward march.